Intentional Torts Mbe Foundation

Front 1

Intent

Back 1

D intends to commit a particular tort

OR

D has knowledge with substantial certainty that tortious conduct will occur.

Front 2

Battery

Back 2

Intentional contact of another in a harmful or offensive manner.

1. D intends to commit a harmful or offensive contact, or
2. D intends to commit an assault but contact occurs, or
2. D commits an act which he knows or should know (substantial
certainty that an harmful or offensive contact will occur).

NN: An item may be an extension of a person (cane, car, hat).

Front 3

Assault

Back 3

Intentionlly causing reasonable apprehension of an immediate harmful or offensive contact.

Front 4

Intentional Infliction of Emotional Distress

Back 4

Intentionally causing severe emotional distress or recklessness through extreme and outrageous conduct.

Reckless - D acted in deliberate disregard of a high degree of probability that emotional distress will follow.

Front 5

3rd Party Recovery IIED

Back 5

D's conduct directed at a 3rd party, 3rd party can recover if all IIED elements are satisfied and:

1. P is present when D's conduct
occurred.
2. D knew or should have known of
P's presence, AND
3. P was a close relative to person
attacked.

Front 6

Negligent Infliction of Emotional Distress

Back 6

D creates a foreseeable risk of physical injury to P by either:

1. Causing a threat of physical
impact that leads to emotional
distress, OR
2. Directly causing sever emotional
distress that causes plaintiff
physical harm.

Front 7

False Imprisonment

Back 7

1. Intent
2. Confinement of P to a bound area
3. Boundaries established by D
4. P is aware of the confinement or harmed by it

Front 8

Trespass to Chattel

Back 8

D's intentional act causes dispossession or intermeddling of P's personal property.

Dispossession - temporarily taking
P's chattel.

Intermeddling - minor damage to
P's chattel.

Front 9

Conversion $$$

Back 9

D's intentional act causes severe damage or destruction of P's chattel OR keeps possession of P's chattel for an unreasonable amount of time.

Front 10

Trespass to Land Intentional Entry

Back 10

1. D is liable for intentional entries onto the land of another.
2. Damages to land not required.
3. Mistake is no defense

Front 11

Trespass to Land Unintentional

Back 11

D is not liable for trespass for negligent or reckless entries unless he causes damage to the land (rosebush).

Front 12

Trespass to Land Accidental

Back 12

No liability for trespass for accidental entries that are unintentional and non-negligent.

Front 13

Transferred Intent

Back 13

D's intention to commit a batter on person A but hits person B. D is still liable for battery. Intent may transfer from person to person .