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Torts
Intentional Torts
| Term | Definition |
|---|---|
| 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
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