Torts Flashcards
battery
Harmful or offensive contact with the plaintiff’s person
plus intent and causation
assault
act by D creating a reasonable apprehension of immediate battery in P
(plus intent and causation)
false imprisonment
act or omission that confines P to a bounded area
plus intent and causation
intentional infliction of emotional distress
D’s extreme and outrageous conduct causes P sever emotional distress
(plus intent (can be recklessness), causation, AND ACTUAL DAMAGES)
extreme and outrageous conduct
required for intentional infliction of emotional distress
conduct that transcends the bounds of decency
Hallmarks
(a) continuous in nature, or
(b) committed by common carrier or innkeeper, or
(c) committed against the young, the elderly, pregnant people, or people whose super-sensitivities are known to D
trespass to land
physical invasion of another possessor’s property
plus intent to do the act, and causation
trespass to chattels
D’s conduct causes interference (damage or dispossession) with P’s right of possession such that D should pay the full price of the chattel
(plus intent to do the act, causation, AND ACTUAL DAMAGES)
conversion
D’s conduct causes interference (damage or dispossession) with P’s right of possession (greater harm)
(plus intent to do the act, causation, AND ACTUAL DAMAGES)