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Torts

Intentional Torts

TermDefinition
Battery 1) D acts intentionally 2) to cause contact with P 3) that is harmful or offensive Liable for all consequences, even if unforeseeable
Assault 1) D acts intentionally 2) to cause a harmful or offense contact or put P in imminent apprehension of such a contact 3) and P is reasonably placed in imminent apprehension of such a contact
False Imprisonment 1) D acts intentionally 2) to confine the other within boundaries 3) D's act results in confinement of P 4) P is conscious of or harmed by the confinement
Shopkeeper's Privilege Suspected shoplifters may be held 1) For a reasonable time 2) In a reasonable manner 3) In a reasonable place
Intentional Infliction of Emotional Distress 1) D's extreme and outrageous conduct 2) intentionally or recklessly 3) causes severe emotional distress to P 4) D is liable for such emotional distress and any resultant bodily harm
Intentional Infliction of Emotion Distress for Third Parties 1) To a member of such person's immediate family a) who is present at the time b) whether or not such distress results in bodily harm 2) To any other person a) who is present at the time b) if such distress results in bodily harm
Trespass to Land 1) D intentionally a) enters b) causes a thing/person to enter c) remains on d) fails to remove from 2) land belonging to another Irrespectively of if he causes harm Even if D thought the land was his own
Trespass to Chattel 1) D intentionally 2) uses another person's chattel Usually try to get the thing back Not extended to e-mails b/c there was no harm to the intraweb
Conversion 1) D intentionally 2) exercises control over a chattel 3) seriously interfering with P's right to control it Destroys the chattel's value D deals with P's good as if he was an owner Not extended to biological materials b/c P has no ownership interest
Defense: Consent - Types of Consent 1) Express 2) Implied - Consent may be inferred by conduct 3) Informed - Person consenting must do so absent fraud, not be mentally incompetent, lack facts, or be a minor 4) Substituted - For minors, those unconscious, and incompetents
Defense: Consent - Invalid Consent Mistake, coercion, fraud, misrepresentation, lack of capacity
Defense: Consent - Emergency Rule Cases of mergence where the act must be performed b/c of a medical emergency before the consent can be obtained
Defense: Self-Defense Use of reasonable level of force against a threat, even when reasonably mistake about the threat No duty to retreat Cannot retaliate Cannot use against mere words Not liable for injuring bystander unless liable under negligence theory
Defense: Defense of Others D can exercise the same level of privilege for other as D can use for himself D has this privilege even when he is reasonably mistaken
Defense: Defense of Property Can use reasonable force but not force calculated to cause seriously bodily injury or death to protect property, even if other party is a trespasser No property is more valuable than human life Reasonable force is to "lay gentle hands"
Defense: Exception of Castle Doctrine Can use deadly force against someone who enters your home w/o permission Some states have extended this to cars or businesses Can't use spring guns/mantraps b/c they cannot distinguish who they are harming
Defense: Private Necessity You can trespass to avoid harm But, you are responsible for damage that you cause
Defense: Public Necessity Acting as champion of public good No requirement to pay damages in common law Law of war Ex: Property is destroyed to prevent spread of fire Most states restrict who can act in public necessity Gov't generally liable for damages caused
Created by: corey.combs