Definitions Assignment - Torts

Topics: Tort, Tort law, Law Pages: 32 (11193 words) Published: July 29, 2012
Definitions Assignment - TORT

Intentional Torts – Intentional Torts are battery, assault, false imprisonment, trespass to land, trespass to chattel, and conversion. See examples of each below.

Battery – The intentional unlawful, harmful, or offensive touching of the person of another. Example: The verbal argument has escalated to the point that Susan raised her hand and slapped Joe on the cheek. Susan committed battery against Joe.

Assault – The intentional threatening of another with a battery and the creating of apprehension of immediate bodily harm in the victim. Example: The professional football player assaulted the referee by screaming that he was going to break the back of the referee and raised his helmet in the air with the gesture that he was going to strike. Fortunately, others rushed in to restrain him.

Transferred Intent Doctrine – The Transferred Intent Doctrine is when a defendant, while in the process of committing a battery against one person, unintentionally causes the touching of a third person. In such a case, the defendant’s wrongful intent is transferred to include the unintended victim. The third person can therefore proceed against the defendant on a battery theory. Example: The new member of the gang struck the bat at the policeman but instead hit the bystander that was behind the policeman when the policeman bent over and dodged the bat. The transferred intent doctrine is therefore applicable such that the gangster is liable of battery towards the bystander.

Substantial Certainty Doctrine – The Substantial Certainty Doctrine holds that where the defendant does an act with the realization that it is substantially certain to result in a touching, the defendant is deemed to have intended the result and is therefore liable for the battery. Example: The shopkeeper shot his rifle at the trespasser in close range but the rifle was defective and the bullet exploded inside the rifle itself. The substantial certainty doctrine holds that the shopkeeper has committed battery towards the trespasser even though there was no physical and actual contact.

False Imprisonment – The intentional confinement of the plaintiff by the defendant, without consent and without legal privilege. Example: The angry boyfriend locked her up in his room for the whole afternoon to prevent her from seeing her new love interest. He falsely imprisoned her.

Intentional Infliction of Emotional or Mental Distress – Intentional infliction of mental distress from an act or words done by one with the intent to disturb the emotional stability of the plaintiff and must be said or done in an outrageous manner. Example: The group of gangsters keeps harassing the shopkeeper to pay them protection fee by constantly threatening his life with a weapon and jumping at him in dark alleys. The gangsters therefore intentional inflicted emotional or mental distress on the shopkeeper.

Trespass to Land – Trespass to land is an entry upon land in the possession of another, without consent and without legal privilege. Example: The squatters came back to the vacant home to stay the night whenever the police are not in the area.

Trespass to Chattel – Trespass to chattel is the intentional taking or damaging of personal property in the possession of another, without consent and without legal priviledge. Example: Mary was so jealous of Jane’s engagement and her large diamond engagement ring that she snuck into her bedroom and took Jane’s engagement ring and hid it.

Conversion – Conversion is an intentional assumption of dominion and control over the personal property of another resulting in a substantial interference with the plaintiff’s possessory rights, without consent and without legal privilege. Example: Mark has been using Jane’s other cell phone without asking her. He has been making phone calls on her phone to his friends and gave away the number to others who Jane does not know. In essence, for people unaware of...
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