Intentional Torts Flashcards
Intent
Conscious desire that result will occur; or Knowledge that result will occur; or Knowledge that result is substantially certain to occur.
Assault
The intentional placing of another in reasonable apprehension of an imminent harmful or offensive touching without consent or privilege.
Battery
The intentional harmful or intentional touching of another without consent or privilege.
False Imprisonment
The intentional physical or psychological confinement of another within fixed boundaries, for any period of time, without consent or privilege.
Intentional Infliction of Emotional Distress
Conduct of an extreme and outrageous nature, exceeding all bounds of decency normally tolerated by a civilized society, which is calculated to cause and which does cause severe emotional distress.
Trespass to Land
The intentional entry upon the land in possession of another without consent or privilege.
Trespass to Chattels
The intentional interference with the chattel is possession of another without consent or privilege.
Conversion
The intentional exercise of wrongful dominion and control over the chattel of another without consent or privilege.
Defenses to Assault
Consent, Self-Defense, Defense of Others, Defense of Property, Discipline
Defenses to Battery
Consent, Self-Defense, Defense of Others, Defense of Property, Discipline
Defenses to False Imprisonment
Consent, Detention for Investigation, (Shopkeeper’s Rule), Legal Authority, Discipline
Defenses to Intentional Infliction of Emotional Distress
No Defense
Defense of Trespass to Land
Re-entry of Land Wrongfully Withheld, Re-capture of Chattel Wrongfully Withheld, Public/Private Necessity, Entry to Abate Nuisance
Defenses to Trespass to Chattels
Consent, Re-capture of Chattel Wrongfully Withheld, Entry to Abate Nuisance
Defenses to Conversion
Consent, Re-capture of Chattel Wrongfully Withheld, Entry to Abate Nuisance
