Intro to Torts Unit 3 Intentional Torts

Physical abuse – contact indented to cause feelings of intimidation, injury or other physical bodily harm

An intentional tort is one that is intentional or deliberate in nature. Examples of subcategories of intentional torts are assault and battery, false imprisonment, and inflicting intentional mental distress. Assault and battery is often a result of corporal punishment in schools. This means that physical punishment has been used as a means to discipline the children in schools and is still legal in some states, but not Pennsylvania. In assault and battery, assault is the threat and battery is the impact that is made. False imprisonment is the physical containment of another person or intimidation (sometimes verbally) that confines another person. In schools, physical restraint should be reserved for only those times when an individual presents as a threat to others or themselves. Infliction of intentional mental distress occurs when a person causes another mental anguish in a manner that is considered extreme.

An assault is: An unlawful attempt, coupled with apparent ability, to commit a violent injury on the person of another; or An intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.

((Assault refers to any intentional and unexcused threat of immediate harmful or offensive contact; words or acts that that create a reasonably believable threat are assaults.))

The specific intent you pointed out in threatened battery assault is when a person places another in fear of imminent harm serious bodily harm. This requires more than

A person causes an injury knowingly when she or he basically wants the injury to occur. Therefore as long as the defendant intended to injure someone, he or she can be charged with assault for injuring any other person- even someone

Simple battery may include any form of non-consensual harmful or insulting contact, regardless of the injury caused. Criminal battery requires intent to inflict an injury on another. 33. Battery defined Battery is the intentional use of force or violence upon the person of another; or the intentional administration of a poison or other noxious liquid or substance to another. The overt behavior of an assault might be Person A advancing upon Person B by chasing after him and swinging a fist toward his head. The overt behavior of battery might be A actually striking Battery requires (1) a volitional act that (2) results in a harmful or offensive contact with another person and (3) is committed for the purpose of causing a harmful or offensive

While this may hold some merit it is likely that a court will still hold that this was a contact with Cortez’s person. The Florida courts did not say that something carried by the victim had to be in direct contact with them but rather that they were merely carrying it thus making the element of contact sufficient. It is likely that Battles will be found to have committed a touching under the Florida Statue.

An assault simply means intentionally or recklessly causing the victim to become frightened immediately, unlawful harm. An assault is conceded by a threat causing bodily harm with an apparent. It’s a crime and a tort consequently they both result in ether criminal or civil liability.

Assault is caused if a person intentionally or recklessly does an act which makes the victim fear and expect of immediate, unlawful physical violence.

Battery is when the defendant intentionally or negligently and directly performs physical contact with the body of plaintiff without consent of the plaintiff or other lawful justification.

Battery is the any unlawful offensive physical contact with another person. The contact does not have to be violent for the crime of battery to take place; it can be merely any offensive touching. Unlike the crime of assault, battery requires that actual contact be made, while assault charges can be brought with only the threat of violence. The laws regarding batter vary from state to state, but many jurisdictions have different classifications or degrees of battery. Battery is usually any form of unlawful contact, while criminal battery means there was intent to cause injury. In some states, sexual battery is any non-consensual touching of the intimate parts of another person, but in other states a sexual battery charge requires actual oral,

As a result of defendant’s tortious conduct of battery defined as any intentional, unlawful, and harmful or offensive contact by one person with the person of the other when defendant yanked plaintiff’s purse off her shoulder and causing offensive contact with the plaintiff.

I commute into the city on the MBTA commuter rail several days a week. It is typically an orderly, quiet ride. However, winter delays cause extreme overcrowding that makes otherwise reasonable riders irritable. Unavoidable bumping and jostling occurs but does not constitute a tort. However, not long ago I was standing on a very crowded train when an irate man yelled at me to move - or, he was going to move me out of the way himself. I had no place to go and I was certainly in fear (or apprehension, rather) that he would push, shove or otherwise place his hands on me. Restatement (Second) of Torts §21 states that an individual is liable for assault if he/she intends to “cause a harmful or offensive contact with the person of the other or a third person, or an imminent apprehension of such a contact, and (b) the other is thereby put in

Threats which put a reasonable person in fear of physical violence constitute assault. In this case, Jeremy pulled Meena up apologizing was offering a help which was accepted by Meena. In such circumstance, there is no reasonable apprehension in Meena’s mind of imminent physical contact by Jeremy. Therefore, although Meena was startled and upset, she was frightened by sudden and unexpected falling she just went through but not the threats by Jeremy. It means Jeremy is not liable for