Zusammenfassung der Ressource
TORTS-- INTENTIONAL
- TORTS AGAINST PROPERTY
- TRESPASS TO LAND
- Tortfeasors
intentional act
is a physical
invasion of
property
- Intent for
entry is
required--
not intent
to cause
harm
- Mistake is
not a
defense--
not need to
know they
are
trespassing
- P must have rt to
immediate
possession of
land/be in actual
possession-- not
ownership
- Satisfied
if P
causes
3rd
person
to enter
Ps land
or
remains
on Ps
land
when
under
legal
duty to
leave
- Land
includes area
above and
below the
surface
- Liable for
nominal
damages and
actual harm
- TRESPASS TO CHATTELS
- Intentional act that
interferes with the Ps
chattel, causing harm
- Chattel means
tangible personal
property or
intangible
property that has
a physical
representation
- Mistake is not a defense
- Interference
includes
dispossession
or
intermeddling
- CONVERSION
- Intentional act that
causes the
destruction or serious
interference with Ps
chattel
- Mistake is not a defense
- P is entitled to fair market value @ the time
of conversion + consequential damages, or
replevin
- Ds offer to return the
chattel does not alleviate
the conversion
- This is more
serious than
trespass to
chattel and
includes both
- a greater use of the chattel
- a longer period of interference
- TORTS AGAINST PRERSONS
- BATTERY
- Harmful or
offensive
contact with
the P or
something
closely
connected
to the P
- Reasonable person std
- Direct
touching not
required--
includes
anything
connected to
the person
- Liable if set
something in
motion that
brings about
harmful or
offensive
contact--ie
throw
baseball
- Apprehension is not required
- Lack of consent
- ASSAULT
- P experiences
a reasonable
apprehension
of an
immediate
harmful or
offensive
contact
- Apparent
ability is all
that is
required
- Reasonable person std
- Words
alone are
insufficient--
need overt
act
- Actual
damages are
not
required--
can recover
nominal
damages
- FALSE IMPRISONMENT
- Intentional act that
causes P to be confined
or restrained to a
bounded area against Ps
will and P knows of the
confinement or is inured
- Confinement
includes
- by
physical
barriers
- failing to
release P
where D
has legal
duty to
do so
- asserting
invalid
legal
authority
- No specific
duration of
time is
required--
breid period
is sufficient
- No duty
to resist
if D
makes
credible
threat to
use
physical
force
- Not
confined if
there is a
reasonable
form of
escape
that P is
aware of
- Defense--
shopkeepers
privilege-->
requires
detention
that is
- in a reasonable manner
- for reasonable period of time
- based on reasonable belief as to theft
- IIED
- Intentional or reckless act amounting to
extreme and outrageous conduct that
causes P severe mental distress
- Reckless conduct
is sufficient if D
acts in deliberate
disregard of high
degree of
probability that
emotional
distress will follow
- DEFENSES
- SELF-DEFENSE/DEFENSE OF OTHERS
- D may use force
reasonably
necessary to
protect against
injury when he
reasonably believes
he is being or is
about to be
attacked
- D cannot be the
initial agressor
- Reasonable
mistakes as
to the
danger are
allowed
- As long as
there is
no duty to
retreat
- DEFENSE OF PROPERTY
- D must request that P
stop or leave unless it
would be futile
- D may not use deadly force
- NECESSITY
- Injuring Ps property
was reasonably
necessary to avoid a
substantially greater
harm to the public, to
the D, or to save the Ds
more valuable property
- Reasonable person std
- CONSENT
- Can be express or implied
- D still liable if he exceeds the scope of the consent