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Chapter 2

INTENTIONAL TORTS AGAINST THE PERSON

  This chapter is concerned with four “intentional” torts that are committed against “the person” (as opposed to being committed against property): (1) battery; (2) assault; (3) false imprisonment; and (4) infliction of emtional distress. (In later chapters, we will consider non-intentional torts related to some of the torts discussed in this  chapter. For instance, we will consider the tort of negligent infliction of mental distress infra, p. 216.) Here are the key concepts in this chapter:
  • Intentional:  Each of the torts covered here is committed only if the defendant acted “intentionally.” However, the precise  meaning of “intent” is different for each of the torts.
  • Transferred intent:  Under the doctrine of “transferred intent, if D held the necessary intent with respect to person A, he will be held to have committed an intentional tort against any other person who happens to be injured.
  • Battery:  Battery is the intentional infliction of a harmful or offensive bodily contact.
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