Term
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Definition
1) Intentionally Cause
2) Harmful or Offensive Contact
3) With the Person of Another (or something closely connected with the person) |
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Term
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Definition
1) Intentionally Cause
2) Reasonable Apprehension
3) Of an Imminent Battery |
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Term
| Elements of False Imprisonment |
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Definition
1) Intentionally Cause
2) Confinement to a Bounded Area
3) Against the Will of the Plaintiff
4) Plaintiff must be Aware of Confinement or else Harmed by Confinement |
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Term
| Elements of Intentional Infliction of Emotional Distress (IIED) |
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Definition
1) Intentionally or Recklessly
2) Through Extreme and Outrageous Conduct
3) Cause
4) Severe Emotional Distress |
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Term
| Elements of Trespass to Land |
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Definition
1) Intentional
2) Entry
3) Onto the Land of Another |
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Term
| Elements of Trespass to Chattels |
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Definition
1) Intentional
2) Interference
3) With the Personal Property (Chattel) of Another
4) Causing Harm |
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Term
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Definition
1) Intentional
2) Exercise of Dominion and Control over the Property of Another
3) Constituting Substantial Interference with the Property |
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Term
| Intent for Battery/Assault/False Imprisonment |
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Definition
Intent/Desire or Substantially Certain to Cause Contact
Intent or Substantially Certain to Cause Apprehension
Intent or Substantially Certain to Cause Confinement |
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Term
| Intent for Trespass to Land |
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Definition
1) Intent/Desire or Virtual Certainty to Enter the Land
2) Mistake does not matter, BUT still need volitional act |
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Term
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Definition
1) Intent/Desire or Substantial Certainty to Cause Emotional Distress
2) Reckless: Consciously Disregards a High Risk of Emotional Distress |
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Term
| Intent for Trespass to Chattels |
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Definition
1) Intent/Desire to Act
2) Mistake is not a Defense, but can go to Damages |
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Term
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Definition
1) Intent/Desire or Substantial Certainty to Exercise Dominion or Control over Property
2) Mistake not Defense, BUT goes to damages |
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Term
| "Harmful or Offensive" - Battery |
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Definition
| any amount of discomfort OR if a reasonable person would regard it as offensive (objective, but use subjective standard if D knows of P's sensitivity) |
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Term
| Transferred Intent Assault/Battery |
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Definition
| Intent for Assault satisfies Intent for Battery |
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Term
| Reasonable Apprehension-Assault |
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Definition
1) P must be aware at time of assault
2) Apprehension must be reasonable (objective standard, but use subjective if D knows of P's sensitivity) |
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Term
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Definition
1)Must be almost instantaneous
2)Look for any language negating immediacy. "If it weren't an intentional tort..." |
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Term
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Definition
| Rarely creates an assault. Usually must have an overt act going with it. OR example of telling someone they have a gun pointed at their head. |
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Term
| Confinement in False Imprisonment |
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Definition
1) Must be a bounded area, can be a nice place, can be very large, but just has to be bounded..
2) Usually achieved by force or threat of force. Threats to reputation are not generally adequate
3)Must be no reasonable means of escape. |
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Term
| Harm in False Imprisonment |
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Definition
| Must be either 1) P aware of confinement OR 2) P was harmed by the confinement |
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Term
| IIED and transferred intent |
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Definition
| No transferred intent doctrine in IIED, but b/c the mental state is broader (recklessness) you can often capture 3rd parties in there |
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Term
| IIED-Extreme and Outrageous Conduct |
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Definition
Exceeds all bounds tolerated by a civilized society
1) Insults generally not sufficient
EXCEPT: D is engaged in certain callings, innkeeper or common carrier, OR if D knows of particular sensitivity and acts to exploit it |
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Term
| IIED "Severe Emotional Distress" |
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Definition
1) Most jurisdictions don't have to prove physical injury
2) Do have to prove non-trivial, not transitory, substantial |
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Term
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Definition
Restitutionary remedy for Trespass to Land. It's an action to recover possession of real property. Must prove 1)legal title, 2)P's right to possession, 3)wrongful possession by D
-Can then get Mesne Damages, which compensate for the loss of use of the land, either rental value or benefit gained by D |
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Term
| Ejection Actions at Common Law, where D mistakenly trespasses and makes improvements. |
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Definition
| P can recover the improvements/property and not compensate D |
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Term
| Trespass to Chattels: Dispossession or Intermeddling |
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Definition
Dispossession: direct interference, like taking it
Intermeddling: interference that doesn't directly affecct the plaintiff's possession. Obama sticker on Beck's car |
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Term
| Types of acts typically called conversions |
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Definition
| Acquisition, wrongful transfer, wrongful detention, loss, destruction, severe damage, material alteration, significant misuse |
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Term
| Factors for determining extent of interference (ie, trespass to chattels v conversion) |
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Definition
1) extent and duration of exercise of dominion or control
2) intent to assert a right inconsistent with the other's right of control
3) D's good faith
4) extent and duration of the resulting interference
5) harm done to the chattel
6) inconvenience and expense to P |
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Term
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Definition
Fair Market Value at time of conversion plus consequential damages
Also could be replevin/detinue/claim and delivery, which compels D to return chattel
*offer to return counts only as mitigation for a good faith D, and doesn't alleviate conversion |
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Term
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Definition
| Also called Claim and Delivery, it's an action for recovery of wrongfully detained chattel |
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Term
| Defenses to Intentional Torts |
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Definition
| Privilege, Necessity, Defense (sop), Consent, Authority |
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Term
| Bonafide Purchaser for Value and Conversion |
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Definition
| They must either return the property or pay the full market value to the P |
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Term
| Consent as Defense to Intentional Tort |
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Definition
Express: affirmatively communicates permission (watch for scope violations)
Implied: reasonable person would interpret P's conduct as evidencing permission to act |
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Term
| Emergency Doctrine for Consent at Law |
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Definition
When P cannot consent, and there is an emergency:
1) Emergency Action is Necessary to prevent death or serious injury
2) A reasonable person would be expected to consent under the circumstances
3) No reason exists to believe P would not consent |
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Term
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Definition
Mistake: If it goes to the consequence or nature of the act, not a collateral matter, AND the D knew of the mistake
Fraud: intentional deceit as to the essential nature or consequences of the act
Duress: induced by threat of imminent harm
Incapacity: young children and impaired mental capacity (includes intoxication maybe)
Violation of Statute: Can't consent to criminal conduct generally, some hold you can unless it is a breach of the peace and the statute wasn't meant to protect you |
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Term
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Definition
D honestly and reasonably believes that force is necessary to avoid imminent harm
1) Proportionality a consideration
2) Imminence a consideration
3) No duty to retreat in your home, and most jurisdictions no duty to retreat at all |
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Term
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Definition
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Term
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Definition
A D may take reasonable steps to defend property (real or personal), but may never use deadly force.
A D can use reasonable force to eject a trespasser after asking them to leave.
A D may use reasonable, non deadly force to get back your personal property as long as you make a request (or request is futile), and you are in hot pursuit |
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Term
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Definition
Public: No liability, usually a government actor
Private: Liable for damages |
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Term
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Definition
1) Arrest
2) Shopkeeper's privilege
3) Discipline |
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Term
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Definition
If an officer knows a felony was committed, and reasonably believes that this person committed it (and in the case of a misdemeanor, if it is a crime that constitutes a breach of the peace)
Private individuals act at their own risk, and if they end up being wrong, they are liable. One possible exception is identity, and if the mistake of identity is reasonable, that can relieve liability |
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Term
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Definition
1) Reasonable Suspicion
2) Reasonable Duration
3) Conduct investigation in Reasonable Manner |
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Term
| Trespass to Chattels, damages requirement |
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Definition
| Must be Actual Damage; damage to the chattel itself, or damage from the loss of use. |
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Term
| Reasonable Means of Escape-False Imprisonment |
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Definition
| Must not: expose P to personal or property harm, require P to be heroic, expose P to embarrassment or unreasonable discomfort |
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Term
| Intentional Torts and Employers |
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Definition
| Intentional Torts are not within the scope of employment unless the acts forward the employer's interests or the nature of the job results in violence (or leads to hostilities) |
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