Intentional Torts Flashcards
Battery
Intent to do action that causes direct or indirect offensive touching or bodily harm
Need either
1. Specific intent: did on purpose OR
2. General Intent: know with substantial certainty that consequences will result
Includes things holding/touching as an extension of body
Assault
Immediate apprehension (expectation) of bodily harm or offensive touching (not just words)
False Imprisonment
- Intentional act by Def to
- Unlawfully restraint a persons freedom.
*Dont need damages
*Plaintiff must be aware of. BUT if not, can still recover if actual harm
*Can be by omission of duty exists.
IIED (INTENTIONAL)
Extremes and outrageous behavior
Defendant intended/reckless
Caused severe emo damage
*Can be direct victim or person present at the scene
*Emotional distress needs to be proved by plaintiff consulting a medical care at a minimum
Trespass
Physical invasion by person or object of land including air and soil of a reasonable distance (damages not required, def just has to enter prop)
Trespass to Chattels
Interference with personal property (eg. damage/steal)
Small harm
Conversion
Big interference with personal property entitling plaintiff to fair market value.
Fair market value determined at time of conversion.
Defenses to Intentional Torts List
Consent (voluntary)
Protection of self/others
Protection of property
Necessity
Is contributory negligence a defense to an intentional tort?
No
Is assumption of risk a defense to intentional torts?
Nope