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Torts 1L Mod 3-4

Torts 1L Mod 3-4 Rules statements and elements

QuestionAnswer
Assault Defendant intentionally places the plaintiff in fear of imminent battery.
Battery The volitional act on part of the defendant with the requisite intent to cause a harmful or an offensive touching to the plaintiff's person.
Elements of Assault Intent, Reasonable apprehension, 3. Of an imminent battery (harmful or offensive contact with the person's body)
Intent as it relates to assault defendant either desired the plaintiff be in apprehension of an imminent battery, or the defendant knew with substantially certainty that the plaintiff would be in apprehensive fear of an imminent battery.
doctrine of transferred intent Usually arises between battery and assault contexts. It clearly applies to battery, assault, false imprisonment. Transferred intent can also apply to trespass to land and trespass to chattel.
Reasonable apprehension plaintiff must be aware of the imminent battery, apprehension must be reasonable unless the defendant has knowledge of the plaintiff's susceptibility.
Imminent Battery Must take place instantaneously as soon as possible, and not at a later day or time.
False imprisonment The defendant intentionally confines the plaintiff to a bounded area.
Elements of false imprisonment Intent, Confinement, Against plaintiff's will, Knows of the confinement or is injured there by.
Intent as it relates to false imprisonment The defendant must desire the confinement or know that the confinement is virtually certain to result.
Confinement as it relates to false imprisonment has to be actual confinement in a bounded area by the defendant, can be to a large area such as an entire city, The length of confinement does not matter except in the amount of damages, takes place by force of threat against the person themselves.
Against the plaintiff's will as it relates to false imprisonment If the plaintiff agrees to the confinement then they lose the false imprisonment claim, If a person agrees to go with someone and that person does not return them to land or to their home then it can turn into false imprisonment.
Harm or Damage as it relates to false imprisonment The plaintiff must be aware of the confinement...this is the harm. 2. If they are not aware, then they can only recover if they are injured during the confinement.
False arrest - type of false imprisonment The defendant is acting pursuant to a color of authority. The plaintiff reasonably believes that the defendant has the authority and submits because the defendant asserts some level of legal authority.
Intentional infliction of Emotional Distress Exists when the defendant, by extreme and outrageous conduct, intentionally or recklessly causes the victim severe mental distress.
Elements of Intentional Infliction of Emotional Distress intent or recklessness, Extreme and outrageous conduct, Causation, Harm/Severe emotional distress
Intent as it relates to IIED he plaintiff must prove that the defendant intended to cause severe emotional distress or acted with reckless disregard as to whether the victim would suffer severe distress.
Extreme and outrageous conduct as it relates to IIED Behavior which is "beyond all possible bounds of decency and to be regarded as atrocious, and utterly intolerable in a civilized community."
Three exceptions that can broaden the basis for liability for IIED Where the defendant is an innkeeper or common carrier, Defendant is aware of a particular susceptibility of the plaintiff, The trend where there are racial ethnic slurs by a superior to an inferior in the workplace.
Causation and severe emotional distress as it relates to IIED That the defendant intended or recklessly imposed the risk of severe mental distress. That the victim actually suffered severe mental distress.
Third-Party Recovery of Relatives In addition to proving the elements of the tort, they are: A close relative of the primary victim, Present at the scene of the outrageous conduct against the primary victim, The defendant knows the close relative is present.
Third-Party Recovery of Non-Relatives Non-relatives who satisfy the elements of the tort can also recover under the Restatement if they are present and suffer physical manifestation of severe distress.
Intentional torts for Real property Trespass to land, Nuisance
Trespass to Land Defendant intentionally enters or causes something to enter the land of the plaintiff interfering with the plaintiffs possessory interests.
Elements of Trespass to land Intent, Entry, Plaintiff's land
Intent as it relates to trespass to land Intent to enter the land, plaintiff desires to enter the land even in good faith, Must be a voluntary act, If the person does not intend to enter the property and they were pushed or forced then it is not trespass to land.
causes harm to the property while on the property they are expected to pay for all of the harm caused, damages can be nominal.
Entry as it relates to trespass to land Must have some tangible nature. A person's right and property extend to a reasonable degree above the land and a reasonable degree below the land.
Plaintiff's Land Whoever is in possession of the land.
Intentional torts to personal property Trespass to Chattel, Conversion
Trespass to Chattel When the defendant intentionally intermeddles (messes with) with the plaintiff's chattel.
Intentional tort that can turn into conversion Trespass to chattel
Elements of Trespass to Chattel Intent, Interference or intermeddling, Plaintiff's chattel, Harm
Intent as it relates to trespass to chattel It is the intent to do the act.
Interference/intermeddle and Plaintiff's chattel Where the defendant borrows something without authorization, Intermeddles with it, Damages it.
Harm as it relates to trespass to chattel 1. Have to prove that the defendant's intermeddling harmed the chattel, or that the borrowed it for a long enough time they have to show that it proved to be harmful to the plaintiff.
Conversion Arises when the defendant intentionally exercises dominion and control over the plaintiff's chattel to such a degree that it leads to a substantial interference.
Elements of conversion Intent, Dominion and control, Substantial interference
Intent as it relates to conversion Intent to exercise dominion and control of property of another.
Dominion and Control Taking another's property
Substantial interference By losing or harming the property while in their possession.
Created by: Rochelle28nm