Intentional Tort Flashcards
IIED
Bystandard: Nevada
Can collect without being in zon of danger.
Defenses to Intentional Tort
1) Consent
2) Self Defense
3) Privilege of Arrest
4) Necessity
5) discipline Children
Intentional Tort
False Imprisonment
1) Intentional
2) Act or Omission by D that conflicts or restraining P
3) To a bounded area
Intentional Tort
Battery
1) Intentional
2) Harmful or offensive Contact
3) with the Plaintiff’s Person
Intentional Tort
Intentional Infliction of Emotional Distress
1) Intentional or reckless
2) Act by D amounting to extreme and Outrageous Conduct
3) Causation
4) Damages <— Sever emotional Distress
Intentional Tort
Trespass to Land
1) Intention
2) Physical invasion of P real Property
3) P must show possessor of land
4) Unauthorized
Intentional Tort
Assault
1) Intent
2) Defendant creates a reasonable apprehension to Plaintiff
3) Apprehension is of an immediate harmful or offensive contact to P
Intentional Tort
Self Defense
1) reasonable belief
- No retaliation
2) No retreat Necessary
3) Not available to aggressor
4) Force: use may use force that reasonably necessary to prevent the harm.
* if more force than necessary is used, the actor loses the privilege of self-defense.
False Imprisonment
Shop Keepers Privilege
1) Their must be a reasonable belief as to the fact of theft
2) The detention must be conducted in a reasonable manner and only non deadly force can be used,
3) The detention must be only for a reasonable period of time and only for the purpose of making an investigation.
Intentional Tort
Trespass to Chattel
1) Intentional
2) Act by Defendant
3) that interferes with Plaintiffs right of possession