Elements of intentional torts Flashcards
What are the elements of False Imprisonment (FI)?
A person (1) confines or restrains another (2) against their will (3) with their knowledge or their actual harm (4) to a bounded area from which their is no reasonable means of escape
What are the elements of Intentional Infliction of Emotional Distress (IIED)
An (1) Intentional or reckless act of (2) extreme and outrageous conduct (3) causing severe emotional distress to another person
What are the elements of trespass to land?
An (1) intentional, (2) Unauthorized, and thus unlawful, (3) physical entry onto the land of another (4) constitutes a trespass; regardless of whether actual damages is caused to the land
What are the elements of trespass to chattels?
A person (1) without consent or privilege (2) uses or otherwise intentionally intermeddles with chattel that is (3) in the possession of another, and the (4) chattel is impaired as to its condition, quality or value
What are the elements of conversion
An (1)intentional (2)exercise of control over a chattel (3) which so seriously interferes with the right of another to control it (4) that the actor may justly be required to pay the full value of the chattel.
What is the definition of consent?
One who consents (or apparently consents) to acts that would otherwise amount to an intentional tort, cannot recover for those acts.
What are the elements of self-defense?
When a person (1) reasonably believes imminent battery, they may use such force as is (2) reasonably necessary (proportionate) to protect against injury.
What are the elements of defense of others?
A person can (1) use reasonable force to defend another when the person (2) reasonably believes that the other person would have been privileged to defend himself.
What are the elements of defense of property
A person may (1) use reasonable force to defend one’s land against (2) unlawful intrusions (3) if either; (a) the conduct of the intruder reasonably indicated that a request to leave would be useless or dangerous (b) the person requested that the intruder leave to no avail
What are the elements of battery?
(1) An Act…(2) done with the intention of (3)bringing about a harmful or offensive (4)contact to a particular person
What are the elements of assault?
An unlawful (1)attempt to touch the person of another in a (2) rude or angry manner under such circumstances as to create in the mind of the party alleging the assault (3) reasonable apprehension of (4) imminent battery
