Intentional Torts Flashcards
What is battery?
An intentional act that causes a harmful or offensive contact with P or with something that is closely connected to P’s body
What is assualt?
An intentional act that causes P to experience reasonable apprehension of an imminent harmful or offensive contact
What is false imprisonment?
An intentional act that causes P to be confined or restrained in a bounded area against P’s will, and P either knows about the confinement or is injured thereby
What is the Shopkeeper’s Privilege exception to false imprisonment?
If a shop-owner defendant has reasonable suspicion that P has stolen goods uses reasonable force to obtain the person, and detains P for a reasonable time and manner, will not have liability for false imprisonment
What is intentional infliction of emotional distress?
Intentional or reckless act amounting to extreme and outrageous conduct that causes P severe mental distress
What is trespass?
An intentional act that causes a physical invasion of P’s land
What is intent required for trespass?
D need only act with intent to cause a physical invasion of a particular piece of land, and does not require specific intent to invade that particular P’s land
What is necessity exception for trespass?
D is permitted to enter P’s property if reasonably necessary to avoid substantially greater harm to public, property or themselves
What is conversion?
- intentional act that causes the destruction of P’s chattel
What is trespass to chattels?
An intentional act that causes serious and substantial interference with P’s chattel
What is intent requirement for battery?
Desire to cause an immediate harmful or offensive contact, or if D knows a harmful or offensive contact is substantially likely to occur
What is intent for false imprisonment?
Desire to confine or restrain P in the bounded area, or if D knows that such confinement is virtually certain to occur
What is intent requirement for intentional infliction of emotional distress?
Desire to cause severe mental distress or deliberate disregard of a high degree of probability that the emotional distress will follow D’s act
What is intent required for trespass?
Physical entry regardless of knowledge or good faith belief of lawful entry
What is intent requirement for conversion and trespass to chattels?
Taking, even if mistaken about ownership or the legal significance of taking the property.
