Intentional Torts Flashcards
List torts where transferred intent applies
5of7 intentional torts
Assault, battery, False imprisonment, trespass to land, trespass to chattel
Can transfer from 1 person to another or
From 1 tort to another
Intentional Torts where damages is required
3 of 7
IIED, trespass to chattels, conversion
Assault
Act intended to cause reasonable apprehension of imminent contact
All intentional torts have…..?
Act, intent, causation
Battery
Act intended to cause harmful or offensive contact to plaintiff or his person
False Imprisonment
Act by D intended to confine P within fixed boundaries
Note:
-P must be conscious of confinement OR harmed by it
-length of time irrelevant
IIED
Extreme and outrageous act intended to cause severe emotional distress
- E&O:beyond bounds of common decency
- damages required (emotional distress)
DEFENSE: Private Necessity
Privilege to interfere with real or personal property of another when reasonably necessary
- NOT COMPLETE DEFENSE
- P liable for damages
- only privileged for trespass not damage
Conversion
Act of dominion or control intended to cause serious interference with P’s right to immediate possession
- Mistake is no defense
- remember trespass to chattel is mere inter meddling