Torts 1L Mod 3-4 Rules statements and elements
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| Assault | show 🗑
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| Battery | show 🗑
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| show | Intent, Reasonable apprehension, 3. Of an imminent battery (harmful or offensive contact with the person's body)
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| show | 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.
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| show | 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.
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| show | plaintiff must be aware of the imminent battery, apprehension must be reasonable unless the defendant has knowledge of the plaintiff's susceptibility.
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| Imminent Battery | show 🗑
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| show | The defendant intentionally confines the plaintiff to a bounded area.
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| Elements of false imprisonment | show 🗑
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| Intent as it relates to false imprisonment | show 🗑
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| show | 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.
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| show | 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.
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| show | 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.
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| False arrest - type of false imprisonment | show 🗑
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| show | Exists when the defendant, by extreme and outrageous conduct, intentionally or recklessly causes the victim severe mental distress.
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| show | intent or recklessness, Extreme and outrageous conduct, Causation, Harm/Severe emotional distress
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| show | 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.
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| Extreme and outrageous conduct as it relates to IIED | show 🗑
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| show | 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.
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| show | That the defendant intended or recklessly imposed the risk of severe mental distress.
That the victim actually suffered severe mental distress.
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| Third-Party Recovery of Relatives | show 🗑
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| Third-Party Recovery of Non-Relatives | show 🗑
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| Intentional torts for Real property | show 🗑
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| show | Defendant intentionally enters or causes something to enter the land of the plaintiff interfering with the plaintiffs possessory interests.
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| show | Intent, Entry, Plaintiff's land
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| show | 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.
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| show | they are expected to pay for all of the harm caused, damages can be nominal.
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| show | 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.
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| show | Whoever is in possession of the land.
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| Intentional torts to personal property | show 🗑
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| show | When the defendant intentionally intermeddles (messes with) with the plaintiff's chattel.
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| Intentional tort that can turn into conversion | show 🗑
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| Elements of Trespass to Chattel | show 🗑
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| show | It is the intent to do the act.
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| Interference/intermeddle and Plaintiff's chattel | show 🗑
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| show | 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.
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| show | 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.
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| show | Intent, Dominion and control, Substantial interference
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| Intent as it relates to conversion | show 🗑
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| show | Taking another's property
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| Substantial interference | show 🗑
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