Intentional Torts Flashcards
When does defense of self provide a defense to intentional tort liability?
When the defendant used force reasonably necessary to prevent what they reasonably believed was an imminent attack.
What are the elements of an action for trespass to land?
Physical invasion of real property in which plaintiff has a right of possession, the intent to invade, and causation
What are the elements of battery?
Harmful or offensive contact with the plaintiff’s person, intent to cause the contact, and causation.
When is the intent element of intentional torts satisfied?
When the defendant intended to cause the proscribed result, or had knowledge to a substantial certainty that the result would occur.
When is contact considered “harmful”?
When it causes physical injury/pain or disfigurement
When is contact considered “offensive”?
When a reasonable person would not consent to the contact
What are the elements of false imprisonment?
An act of restraint which confines P to a bounded area, the intent to confine P, and causation.
What types of acts are acts of restraint for purposes of false imprisonment liability?
Physical barriers/physical force, plausible direct or indirect threats of force, failure to release P when D is under a legal duty to do so
NOT moral pressures or future threats
What remedies are available for P on a conversion claim?
P may seek fair market value of the chattel at the time of conversion, or replevin
What are the elements of a conversion claim?
An act that interferes with P’s possessory interest in chattels serious enough to warrant D paying for the chattel’s full value, intent to cause the act of interference, and causation
