Types
What are the seven types of intentional torts?
Assault, battery, false imprisonment, trespass to chattels, trespass to land, conversion and IIED
what elements are needed to prove a case for intentional tort liability?
(1) act by def,
(2) intent,
(3) and causation
when can a person use self defense and what are the 4 instances its available?
when they have reasonable grounds to believe they are about to be attacked and may use as much force as reasonably necessary for protection against potential injury
available for (1) reasonable belief, (2) retaliation not allowed, (3) retreat not necessary unless actor is in their own home and (4) not available to aggressor
what is the the re-entry onto land privilege and is it still allowed?
most states today do not allow resort to self help
this common law privilege held that a person who had been tortiously dispossed from her land could use reasonable force to regain possession if she acted promptly upon discovering the dispossession
what is the defense of necessity?
a person may interfere with the real or personal property of another where the interference is reasonably and apparently necessary to avoid threatened injury from a natural or other force;
and where the threatened injury is substantially more serious than the invasion that is undertaken to avert it
what is assault and battery?
an actor is liable for assault if they voluntarily act intending to cause harmful or offensive contact with another person and the other person is put in imminent apprehension of that contact
an actor is liable for battery if they voluntarily act intending to cause harmful or offensive contact with another person
What is the act requirement for an intentional tort?
refers to a volitional movement on the def’s part
does self-defense extend to third party injuries?
No. If, in the course of reasonably defending himself, one accidentally injures a bystander, he is protected by this defense.
He may be liable to the bystander under a negligence theory if the actor deliberately injures a bystander in trying to protect himself, he probably may not use this defense
When can you use the defense of recapture of chattels?
Same for land: where another’s possession began lawfully, one may use only peaceful means to recover the chattel
What are the two types of necessity?
public: where the act is to avert an imminent public disaster, the defense is absolute
private: where the act is solely to prevent serious harm to a limited number of people the defense is qualified but actor must pay for any injury he causes
What is false imprisonment and IIED?
An actor is liable for false imprisonment if they act intending to confine the other person within fixed boundaries and their act directly or indirectly results in such a confinement and the other is conscious of the confinement or harmed by it
One w/extreme or outrageous conduct intentionally or recklessly causes severe emotional distress to another is subject to liability for such emotional distress and any bodily harm that results from the distress
What does intent refer to?
its when an actor’s purpose is to intend the consequences of his actions and acts with substantial certainty that the consequences will result
When is the defense of others available?
The actor need only have a reasonable belief that the person being aided would have the right of self-defense even if the person being aided has no defense (they were the initial aggressor)
When can you enter upon land to remove your chattel and what is the exception?
must be at a reasonable time and in a reasonable manner but its when (1) the chattel is on the wrongdoer’s land and (2) when the chattel is on the land of an innocent party and they have given notice of the presence of the chattel and the third party refuses to return it
if the chattel is on the land of another through the owner’s fault, there is no privilege to enter upon the land
What is the defense of consent and its two types?
a def is not liable for an otherwise tortious act if the pltf consented to the def’s act
express (actual): where the pltf expressly shown a willingness to submit to def’s conduct
implied consent: can be iplied in a given case
What is trespass to chattels and trespass to land?
A person is liable for trespass to chattels if they intentionally dispossess, use, or intermeddle with a chattel in possession of another
An actor is liable for trespass to land if they intentionally enter, or cause a thing or third party to enter, land belonging to another person without permission
What is transferred intent and what intentional torts does it apply to?
its when the def intends to commit a tort against one person but instead (1) commits a different tort against that person, (2) commits the same tort as intended but against a different person, or (3) commits a different tort against a different person
applies to: assault, battery, false imprisonment, trespass to land and trespass to chattels
When is the defense of property available and how is it limited?
one may use reasonable force to prevent the commission of a tort against her property
it is limited to preventing the commission of a tort against the def’s property; once the def has been permanent dispossed of the property and the commission of the tort is complete, she may not use force to recapture it
What is the privilege of arrest and its two exceptions?
depending on the facts, one may have privilege to make an arrest of a third person; this privilege carries with it the privilege to enter another’s land for the purpose of effecting the arrest
(a) Subsequent Misconduct: when you fail to bring the arrested party before a magistrate
(b) Mistake: one who makes an arrest under the mistaken belief that it is privileges may be liable for false imprisonment
What are the two types of implied consent?
(1) Apparent consent: this can be inferred from usage or custom; like minor bumping in a crowd
(2) Consent implied by law: in some situations, consent may be implied by law where action is necessary to save a person’s life or some other interest in person or property; like emergency situations
What are the elements of conversion?
(1) an act by def interfering w/the pltf’s right of possession in the chattel, (2) intent to perform the act by bringing about the interference with the pltf’s right of possession, (3) causation and (4) damages
When is the causation requirement satisfied? Be careful
it is satisfied where the conduct of a def is a substantial factor in bringing about the injury
What are the 9 defenses to intentional torts?
Consent, self defense, defense of others, defense of property, re-entry onto land, recapture of chattels, privilege of arrest, necessity and discipline
What is the defense of discipline?
a parent or teacher may use reasonable force in disciplining children, taking into account the age of the child and seriousness of the behavior
but this common law rule has been displaced by statutes or regulations forbidding the use of corporal punishment
For consent: (a) what is the capacity required, (b) does it apply to criminal acts, and (c) what happens when you exceed the consent given?
(a) Incompetents, drunken persons, and very young children are deemed incapable of consent to tortious conduct; a parent or guardian is necessary to constitute this defense
(b) a person cannot consent to a criminal acts
(c) if you exceed the scope of the consent by committing a more intrusive invasion or by invading a different interest, you are liable