intentional torts Flashcards
elements of intentional torts
(1) ∆voluntarily acted with
(2) intent (general or specific)
(3) conduct caused harm
transferred intent
∆liable when commits an intentional tort against one person but instead commits against another
battery
(1) intentional
(2) harmful and offensive contact
(3) with another person
(4) without consent
assault
(1) intent
(2) reasonable apprehension of imminent harm or offensive bodily contact
(3) ∆action caused the harm
false imprisonment
(1) intent
(2) to confine within fixed boundaries
(3) πknows of the confinement
(4) ∆action caused the confinement
shopkeepers privilege
exception to false imprisonment for shopkeepers
can detain if suspected of shoplifting for reasonable time and manner
IIED
(1) ∆ acts intentionally
(2) the conduct is extreme and outrageous
(3) the conduct was the cause
(4) of severe emotional distress
trespass on land
(1) ∆ intentionally
(2) invades the land of another
trespass on chattels
(1) ∆ intentionally
(2) interferes with another’s personal property
(3) harm results
damages = cost to repair
conversion
(1) ∆ intentionally
(2) interferes with another’s personal property
(3) interference causes serious deprivation
damages = fair market value
defenses to intentional torts
consent
self-defense
necessity
consent
valid consent + within the boundraries of consent + express or implied
self-defense/defense of others/property defense
∆reasonably believes force is necessary to protect against unlawful harm
force is proportionate
necessity
∆ enters into π’s land or personal property to prevent an injury or some other severe harm
private necessity
done to benefit self or property
must pay for actual damages
