Volitional Torts Flashcards
Intent
a state of mind that is the key element to the tort. It can be desire or KSC that something will occur
Intentional Infliction of Emotional Distress
This is satisfied by an actor engaging in extreme or outrageous conduct and causes the victim emotional distress intentionally
Extreme or Outrageous Conduct
Repeated, power relationship
IIED 3rd Person
a person at the scene of the tort was emotionally distressed by it
Self Defense- Not serious Harm
There must be reasonable force, apparent offensive contact, and there is no duty to retreat or comply
Self Defense- Serious Harm
There must be apparent fear of peril or ravishment, it must be immediate, and there is a duty to retreat or comply unless it is your dwelling place
Duty to Retreat
You have a duty to retreat if the probability of success of the retreat is high and there is low risk
Defense of Property
Reasonable Force must be used, you must first ask to desist, and it must be a necessity
Battery
there must be the intent to cause harmful or offensive contact through KCS or desire, and contact must be made
Assault
the desire to cause harmful or offensive contact and the victim is aware and feels apprehension because of it
False imprisonment
the actor must intend to cause confinement within fixed boundaries he set, the act must directly or indirectly confine the other, and the other is conscious of confinement or harmed by it
Trespassing On Land
he enters the land in possession of another, remains on the land, or fails to remove something from the land that he has a duty to remove
Trespass to Chattels
someone intentionally disposseses someone of a chattel, the object is impaired or reduced condition, the possessor is deprived of the object for a substantial amount of time, and harm is caused to the possessor
Conversion
intentional dominion or control over a chattel which interferes with the right of the other to control it
Consent
a willingness in fact for conduct to occur
