TORTS QUICK SHEET
1. Trespass: Intentionally enters the land in possession of the other or causes a thing or person to
do so, remains on the land, or fails to remove from the land a thing which he is under duty to
remove
2.
3.
4.
5.
6.
7.
a. The intent necessary is intent to enter the land (REQUIRED)
b. This is also treated as a right under private necessity and stopping someone from
trespassing under this is not permissible.
Assault: Intent to cause harmful or offensive contact with the person of the other or a
third person, or an imminent apprehension of such a contact
a. If there is no intent one is not liable for assault.
b. the other party must be put In imminent apprehension
Elements of Battery:
a. Voluntary act
b. Intent to cause contact that is harmful or offensive
c. Harmful or offensive contact
Single Intent – only need intent to commit act
Dual Intent – need both intent to commit act and intent to cause some harm
a. Eggshell skull rule still applies
Eggshell Skull Rule – take the victim as they are
a. Victim may have sensitivity to injury, but D is responsible for all injuries resulting,
even if the extent of the injuries are unforeseeable