TORTS-- INTENTIONAL

TORTS AGAINST PROPERTY
1. TRESPASS TO LAND
  1. Tortfeasors intentional act is a physical invasion of property
    1. Intent for entry is required-- not intent to cause harm
    2. Mistake is not a defense-- not need to know they are trespassing
    3. P must have rt to immediate possession of land/be in actual possession-- not ownership
    4. Satisfied if P causes 3rd person to enter Ps land or remains on Ps land when under legal duty to leave
    5. Land includes area above and below the surface
    6. Liable for nominal damages and actual harm
2. TRESPASS TO CHATTELS
  1. Intentional act that interferes with the Ps chattel, causing harm
    1. Chattel means tangible personal property or intangible property that has a physical representation
    2. Mistake is not a defense
    3. Interference includes dispossession or intermeddling
3. CONVERSION
  1. Intentional act that causes the destruction or serious interference with Ps chattel
    1. Mistake is not a defense
    2. P is entitled to fair market value @ the time of conversion + consequential damages, or replevin
    3. Ds offer to return the chattel does not alleviate the conversion
    4. This is more serious than trespass to chattel and includes both
      1. a greater use of the chattel
      2. a longer period of interference
TORTS AGAINST PRERSONS
1. BATTERY
  1. Harmful or offensive contact with the P or something closely connected to the P
    1. Reasonable person std
    2. Direct touching not required-- includes anything connected to the person
    3. Liable if set something in motion that brings about harmful or offensive contact--ie throw baseball
    4. Apprehension is not required
    5. Lack of consent
2. ASSAULT
  1. P experiences a reasonable apprehension of an immediate harmful or offensive contact
    1. Apparent ability is all that is required
    2. Reasonable person std
    3. Words alone are insufficient-- need overt act
    4. Actual damages are not required-- can recover nominal damages
3. FALSE IMPRISONMENT
  1. 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
    1. Confinement includes
      1. by physical barriers
      2. failing to release P where D has legal duty to do so
      3. asserting invalid legal authority
    2. No specific duration of time is required-- breid period is sufficient
    3. No duty to resist if D makes credible threat to use physical force
    4. Not confined if there is a reasonable form of escape that P is aware of
    5. Defense-- shopkeepers privilege--> requires detention that is
      1. in a reasonable manner
      2. for reasonable period of time
      3. based on reasonable belief as to theft
IIED
1. Intentional or reckless act amounting to extreme and outrageous conduct that causes P severe mental distress
  1. Reckless conduct is sufficient if D acts in deliberate disregard of high degree of probability that emotional distress will follow
DEFENSES
1. SELF-DEFENSE/DEFENSE OF OTHERS
  1. D may use force reasonably necessary to protect against injury when he reasonably believes he is being or is about to be attacked
    1. D cannot be the initial agressor
    2. Reasonable mistakes as to the danger are allowed
    3. As long as there is no duty to retreat
2. DEFENSE OF PROPERTY
  1. D must request that P stop or leave unless it would be futile
  2. D may not use deadly force
3. NECESSITY
  1. 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
    1. Reasonable person std
4. CONSENT
  1. Can be express or implied
  2. D still liable if he exceeds the scope of the consent

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TORTS-- INTENTIONAL

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	Created by nadiaa829 over 9 years ago