Burden
The burden of proof (persuasion and production of evidence) both require showing that a
preponderance of the evidence, or more likely than not, that D was at fault.
[Define both persuasion and production duties as well!]
Intent
Single (Majority) –
Intent is the desire to bring about a consequence; the consequences
don’t have to be intentional, just the act.
Double (minority) – the act and the consequences must be intentional.
Act
An act is a conscious movement or failure to move. An unconscious act, such as a seizure
or sleepwalking, can not constitute an intentional tort claim
Transferred Intent
The intent to commit a tort can be transferred from one tort to another aimed at the same
person, from the same tort aimed at one person but that then harms an unintended 3
rd
party, or from the tort aimed a one party to a different tort that harms a 3
rd
party.
Battery
In order to prove that the Defendant has committed compensable battery upon the
Plaintiff, Plaintiff must prove, by a preponderance of the evidence, which is more likely than not,
that Defendant
acted
consciously and with
intent
or desired to bring about the consequence to
touch
(or cause apprehension of a touch to), or that Ds act was reasonably certain to bring about
the
touch
; a
touch
(direct or indirect) occurred;
[and]
it was
harmful OR offensive contact
,
[not consented to or otherwise privileged].
Assault
In order to prove that the Defendant has committed compensable assault upon the
Plaintiff, Plaintiff must prove, by a preponderance of the evidence, which is more likely than not,
that Defendant
acted
consciously with
intent
or desire to bring about the consequence, which
places P in
objectively reasonable apprehension
of an
immediate
harmful
or
offensive
touch,
and Ps
apprehension was reasonable
.
Trespass (land)
In order to prove that the Defendant has committed compensable trespass upon the
Plaintiff, Plaintiff must prove, by a preponderance of the evidence, which is more likely than not,
that Defendant
acted
consciously and volitionally with the
intent
or desire to
enter the land
possessed by another/cause a thing/3
rd
party to enter
,
remained on the land
, or
failed to remove a
thing which he has a duty to remove.
No proof of harm is required.
Force to Recover
– no force may be used to recover once disposed, only to prevent initially tort.
Intent
– desire or knowledge to a degree of certainty to perform or bring about the act that
interferes with P’s right to possession.
Trespass to Chattels
(moveable, personal property)
In order to prove that the defendant has committed compensable trespass to chattels, the
Plaintiff must prove by a preponderance of the evidence, or more likely than not that the
defendant
intentionally dispossessed
or
intermeddled
with
moveable property
in the possession
of another, and the person is
entitled
to immediate
possession
, that interference caused
dispossession
to her
detriment
for a
substantial time
or
injury
to that property.
