Flemings - Torts Flashcards
Intentional Torts:
- Assault
- Battery
- False Imprisonment
- Intentional Infliction Of Emotional Distress
- Trespass To Land
- Trespass To Chattel
- Conversion
Defenses:
- Consent
- Self Defense
- Defense Of Others
- Defense Of Property
- Discipline
- Detention For Investigation
- Legal Authority
- Reentry Of Land Wrongfully Withheld
- Necessity (Public)
- Necessity (Private)
- Recapture Of Chattel Wrongfully Withheld
- Entry To Abate A Nuisance
Intent defined:
- Defined:
a. Conscious desire that result will occur or
b. Knowledge that result will occur or
c. Knowledge that result is substantially certain to occur.
INTENT: Defendant’s conduct manifested through a
volitional act
Transferred intent:
- Originally applied to five intentional torts (Assault, Battery, False Imprisonmen, Trespass to Land and Chattels)
- Modernly limited to Assault, Battery and False Imprisonment
Assault:
Elements:
- Intentional
- Placing Of Another In Reasonable Apprehension
- Of An Imminent Harmful Or Offensive Touching
- Without Consent Or Privilege
Battery:
The intentional harmful or offensive touching of another without consent or privilege.
Elements:
- Intentional
- Harmful Or Offensive Touching Of Another
- Without Consent Or Privilege
False imprisonment
Elements:
- Intentional
- Physical Or Psychological Confinement Of Another
- Within Fixed Boundaries
- For Any Period Of Time
- Without Consent Or Privilege
Intentional infliction of emotional distress
Elements:
- Conduct Of An Extreme And Outrageous Nature
- Which Is Calculated To Cause
- And Which Does Cause
- Severe Emotional Distress
Trespass to land:
Elements:
- Intentional
- Entry Upon Land
- In Possession Of Another
- Without Consent Or Privilege
Trespass to chattel:
Elements:
- Intentional
- Interference With Chattel
- In Possession Of Another
- Without Consent Or Privilege
Conversion
Elements:
- Intentional
- Exercise Of Wrongful Dominion And Control
- Over The Chattel Of Another
- Without Consent Or Privilege
Consent
Actual, apparent, and implied by law (save a life)
Self defense
Reasonable belief of imminent danger and reasonable force used to repel attack.
Defense of others
Reasonable force to protect any third person from harm.
Defense of property
Non deadly force allowed where the intrusion by the other party is not privileged, where force necessary to terminate the intrusion, and demand is made (unless futile).
Discipline
Reasonable force by one in loco parentis with the plaintiff
Detention for investigation
a. Reasonable grounds
b. Reasonable amount of time - (thirty minutes?)
c. Reasonable force
d. Reasonable investigation
e. Majority will permit a reasonable mistake
Legal authority
a. Felony
b. Misdemeanor
Reentry of land wrongfully withheld
a. Majority : No privilege exists to use any force.
b. Minority: Allows reasonable force to regain possession.
Necessity (Public)
a. Complete defense (no liability for damages)
Necessity (Private)
a. Incomplete defense (D liable for damages)
b. Entry must be reasonable.
Recapture of chattel wrongfully withheld
a. Reasonable force permitted to recapture as long as actor is entitled to chattel, demand made (unless futile), fresh pursuit.
Entry to abate a nuisance
Defendant is completely privileged to invade the land or chattels of another for the purpose of abating a private nuisance created or maintained on the land or chattels of the other, subject to the following conditions:
