Definitions Assignment - Torts
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
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