Intentional Torts

Front 1

Assault

Back 1

Assault is a volitional act,
done with the requisite intent,
which causes plaintiff to experience a reasonable apprehension of immediate, harmful or offensive contact.

Front 2

Volitional Act - Assault

Back 2

Any muscular reaction by a person not unconscious and which is not pure reflex is a volitional act.
A person who is legally incompetent may act volitionally; thus, insanity is not a defense to an action for assault.

Front 3

Causation - Assault

Back 3

Plaintiff's apprehension must be legally caused by defendant's act or a force set in motion by that act.

Front 4

Intent - Assault

Back 4

Defendant must act with intent:
- to bring about a reasonable apprehension of an immediate harmful or offensive contact; or
- to inflict such a contact on plaintiff or a third person.

Front 5

Transferred Intent - Assault

Back 5

Where a defendant acts with the requisite intent to a 3rd person, but mistakenly causes the necessary apprehension in plaintiff, defendant's intent is "transferred" to plaintiff such that liability for assault results.

Front 6

Battery - Elements

Back 6

1, D commits harmful or offensive contact; and

2. Contact must be with p's person.

Front 7

False Imprisonment - Elements

Back 7

1. D committed act/omission that;
2. Confines/restrains P to;
3. Bounded area, and;
4. P must know of the confinement or suffer a harm.

Front 8

Intentional Infliction of Emotion Distress - Elements

Back 8

1. D engages in extreme and outrageous conduct; and

2. P suffers severe distress.