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Intentional Torts
The key concepts and terms for intentional torts
24
Law
Not Applicable
09/16/2011

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Term
Punitive damage
Definition
More than just the loss, maybe double or triple if the tort was so bad that a punishment must be made.
Term
Assault
Definition
Intentional causing of an apprehension of harmful or offensive contact.
Term
Battery
Definition
Intentional infliction of a harmful or offensive contact upon a person
Term
Chattels
Definition
Personal property
Term
Conversion
Definition
Substantial interference with another's property to the extent that justice demands payment for the full value of the property.
Term
Deadly force
Definition
Force likely to cause death or serious bodily injury
Term
False Imprisonment
Definition
Intentional confinement of another
Term
Intentional Tort
Definition
Tort in which the tortfeasor intends to bring about a particular consequence or knows with substantial certainty that a result will occur.
Term
Necessity
Definition
Privilege that justifies the defendant's harming of the plaintiff's property in an effort to prevent great harm to the defendant or others.
Term
Private Necessity
Definition
Privilege that justifies the defendant's harming of the plaintiff's property in order to protect his own interests or those of a few private citizens.
Term
Public Necessity
Definition
Privilege that justifies the defendant's harming of the plaintiff's property in an effort to prevent great harm to the public as a whole or to a substantial number of persons.
Term
Transferred-intent doctrine
Definition
Intent with respect to one person (or tort) is transferred to another person (or tort)
Term
trespass to chattels
Definition
Intentional interference with another's use or possession of chattels.
Term
Trespass to land
Definition
Intentionally entering or wrongfully remaining on another's land.
Term
What are the 7 intentional torts?
Definition
  1. Battery
  2. Assault
  3. False Imprisonment
  4. Infliction of Emotional Distress
  5. Trespass to Land
  6. Trespass to Chattels
  7. Conversion
Term
What are the 7 defenses of intentional torts?
Definition
  1. Consent
  2. Self-Defense
  3. Defense of Others
  4. Defense of Property
  5. Regaining Possession of Chattels
  6. Reentry of Land
  7. Necessity
Term
Infliction of Mental Distress
Definition
Intentional infliction of severe emotional or mental distress as a result of extreme and outrageous conduct.
Term
Consent
Definition
If a plaintiff who has the capacity to consent to interference with his person or property voluntarily does so, either explicitly or implicitly, the defendant will not be liable for such interference.
Term
Self-Defense
Definition
A defendant is entitled (privileged) to use reasonable force to protect himself or another against imminent harm if he reasonably believes it is necessary to do so.
Term
Defense of Property
Definition
A defendant is entitled to use reasonable (not deadly) force to protect his property against imminent harm if he reasonably believes it is necessary to do so and he verbally demands that the intruder stop first (if circumstances permit)
Term
Regaining possession of chattels
Definition
A property owner is entitled to use reasonable force to regain possession of chattels if the chattel was wrongfully taken and the owner is in fresh pursuit.
Term
Reentry on Land
Definition
In some states a land owner may use reasonable force to reenter his land, although the majority of courts deny that right to landlords attempting to evict tenants.
Term
Public Necessity
Definition
A defendant may harm the property interest of another when necessary to prevent a disaster to the community or a substantial number of people. No reimbursement of the plaintiff is required.
Term
Private Necessity
Definition
A defendant may harm the property interest of another if necessary to protect his own interests or those of a few private citizens because no less damaging way to prevent the harm exists. Reimbursement of the plaintiff is required if there is substantial harm to the plaintiff's property.
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