Intentional Torts Flashcards
Trespass to land is a ____ interference with C’s exclusive __________ of the land
direct, possession
Trespass to goods can be committed when taking goods…
belonging to another
Trespass to land does not require intent to ________, but instead the intent to ______ the land
trespass, enter
What are the 3 types of trespass to persons?
- Battery, 2. Assault, 3 .False Imprisonment
Battery is the intentional _____ application of _____ to a claimant’s person
direct, force
Force for the purpose of battery includes any ________ physical contact beyond what’s generally accepted in the _______ _______ of life
unwanted, ordinary conduct
Assault is an intentional act which causes C to _________ apprehend the ________ and direct infliction of unlawful force on their person
reasonably, immediate
False imprisonment is the unlawful ________ of a person’s freedom of ________.
The restriction must be _______: it is not imprisonment to prevent a person proceeding in one direction if he is _____ __ _____ in others
restriction, movement, total, free to leave
Trespass is actionable per se
What does this mean?
It’s not necessary to prove that the tort has caused damage
What is the tort of conversion?
When a person deals with goods in a way which is seriously inconsistent with the rights of the owner
For intent under the tort of conversion, D must intend to _______ with the goods, they don’t need to intend the ________ of C’s rights
interfere, infringement
Is a mistake as to ownership a defence to trespass to goods/conversion?
No