Term
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Definition
| 1. Goal in acting is to bring about specific consequences or 2. actor knows with substantial certainty that consequences will result |
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Term
| Intentional tort (basic elements) |
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Definition
1. Act
2. Intent
3. Causation (substantial factor) |
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Term
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Definition
When a defendant intends to commit a tort against one person but instead commits a different tort against that person, commits the same tort against a different person, or commits a different tort against the same person.
Not applicable to conversion or IIED |
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Term
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Definition
1. Harmful or offensive contact
2. To plaintiff's person
3. Intent
4. Causation |
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Term
| Harmful or offensive contact |
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Definition
Reasonable person standard
Direct or indirect
Plaintiff's person includes anything connected with Plaintiff. |
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Term
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Definition
1. An act by defendant creating reasonable apprehension (not fear)
2. Of immediate harmful or offensive contact (apparent ability)
3. Intent
4. Causation |
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Term
| False imprisonment (prima facie) |
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Definition
| 1. An act or omission on the part of defendant that confines or restrains plaintiff; 2. to a bounded area in all directions 3. intent and 4. Causation |
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Term
| False imprisonment: confinement |
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Definition
1. physical barriers
2. physical force
3. Threats of force
4. Failure to release
5. Invalid use of authority
Not moral pressure or future threats |
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Term
| False imprisonment: knowledge |
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Definition
| Plaintiff must either be aware of confinement or harmed by it. |
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Term
| Intentional Infliction of emotional distress (prima facie) |
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Definition
1. Extreme and outrageous conduct
2. Intent or recklessness
3. Causation
4. Damage (severe emotional distress) |
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Term
| IIED: extreme and outrageous conduct |
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Definition
Examples:
1. Continuous
2. Certain type of plaintiff
3. Certain type of defendant (innkeeper or common carrier) |
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Term
| IIED: Causation in bystander caes |
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Definition
1. She was present when injury occured
2. she is a close relative of the injured person
3. the defendant knew facts 1 and 2 |
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Term
| Trespass to land (prima facie) |
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Definition
1. Physical invasion of plaintiff's real property
2. Intent (to enter a particular land)
3. Causation |
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Term
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Definition
1. An act by defendant that interferes with plaintiff's right of possession
2. intent
3. causation
4. damages
intermeddling = damage
disposition = depriving owner of possession |
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Term
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Definition
1. an act by defendant that interferes with plaintiff's right of possession
2. interference is so serious that it warrant requiring defendant to pay value
3. intent and
4. causation
Remedies: damages or replevin |
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Term
| Defenses to intentional torts: consent |
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Definition
1. Valid consent (i.e. no fraud)
2. Did defendant stay within boundaries of consent?
Express / implied / implied by law (emergency) |
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Term
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Definition
1. Reeasonably believes she is being attacked
2. May use reasonable force
3. One need not attempt escape. Modern trend: duty to retreat before deadly force except in home.
4. May extend to third parties
5. Allows for reasonable mistake |
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Term
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Definition
1. Reasonably believes other person could use force to defend himself
2. Reasonable mistake is allowed
3. Same amount of force if he were threatened with injury |
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Term
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Definition
May use reasonable force (not deadly) to prevent tort against property
Generally, must make request to desist
Reasonable mistake allowed |
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Term
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Definition
Under modern law, there are summary procedures for recovering possession of real property.
Hence, resort to self-help is no longer allowed. |
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Term
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Definition
Timely demand required
Recovery only from wrongdoer or 3rd party who knows or should know tortiously obtained
Privileged to enter land, unless property on land through owner's fault |
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Term
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Definition
| Shopkeepers may have a privilege to detain for a reasonable period of time individuals whom they reasonably believe to be in possession of shoplifted goods |
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Term
| Mistake: recapture of chattels |
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Definition
| Generally, no mistake regarding defendant's right to recapture the chattels or enter onto land is allowed |
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Term
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Definition
| A person may interfere with the real or personal property of another when it is reasonably and apparently necessary to avoid threatened injury from a natural or other force when the threatened injury is substantially more serious than the invasion that is undertaken to avert it. |
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Term
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Definition
| When the act is for the public good |
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Term
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Definition
when the act is solely to benefit a limited number of people.
Under private necessity, the actor must pay for any injury he causes. |
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