you are the only exception <3
The transferred intent doctrine does NOT apply to these two torts.
What is...
IIED and Conversion
It was self-defense, I swear! And I have 3 reasons to prove it!
What is...
1) They were facing imminent harm.
2) They had reasonable belief of imminent harm
3) They used reasonable/necessary force
Some batteries are made from the element Lithium, but Battery can be also made out of these four elements:
1. Volitional Act by Defendant
2. Intent
3. Causation.
4. Harmful or offensive contact with plaintiff's person.
Negligence per se...name the elements.
1) The defendant violated a criminal statute
2) the statute was made for the protection of the public or some category of the public
3) the plaintiff is within the class of people protected by the statute
4) the statute was designed to prevent the type of harm which occured in this case.
Is someone trespassing my land? idk, you gotta prove these 4 things...
What is....
1) A Volitional act by defendant
2) Intent to enter the land
3) Causation
4) Physical Invasion of plaintiff's possession of real property?
Exceptions to Consent.
What is incapacity (e.g., children), duress, consent obtained by fraud, or conditional consent.
Deadly force can be used when threatened with these things.
What is death, serious bodily harm, kidnapping, or sexual assault?
Three things that make contact "harmful" if caused.
Pain, disfigurement, or injury
For this approach, the violation of the statute is mere evidence of negligence.
What is the Mere Evidence Approach (Minority Approach)?
Peter pan comes onto your land and causes some chaos...but he's flying ...this rule keeps him in check.
Property extends into the air above the land and the earth below (Herrin v Sutherland)
Name some ways that a person is NOT acting volitionally.
What is the defendent's physical movement is the product of something other than a defendant's mind.(sleepwalking, having a seizure or a reflex movement)
Private Necessity
What is.... the defendant acts to protect the public from a greater harm that would have occurred had he not acted.
This defense for battery is a catch-all, It's got a GOOD REASON!
What is Justification?
The emergency doctrine does not apply to someone in this situation.
What is causing the emergency?
For the 4th element of trespass to chattels, one of these 3 reasons qualifies as actual harm (this is phrased incorrectly).
1. Chattel is impaired OR
2. P loses possession for any possession for any significant time OR
3. damage to chattel or injury to P or P's family member
This is not an exception to false imprisonment.
What is False Arrest?
This shopkeeper's got their own privilege.
What is shopkeepers privilege - to briefly detain a person suspected of shoplifting or theft. Both the manner and length of the detention has to be reasonable
This kind of mental state is required to be liable for battery.
What is acting with purpose of causing the contact or with the knowledge that such contact is substantially certain to be produced.
I'm looking for these 3 things to determine reasonable care
1. The foreseeable likelihood that the person's conduct will result in harm;
2. The foreseeable severity of the harm that may unsue
3. The burden of precautions to eliminate or reduce that risk
Wait a second! That's not tresspass to chattel...that's conversion.....conversion requires these things.
We're talking negligence, specifically the element of duty and standard of care - where there are two exemptions for the reasonable person standard
1) Physical Disability
2) Children
Insanity is not a defense (according to the law I guess)...and they have 3 reasons.
1. Any loss should be borne by the one who caused it.
2. Imposition of liability should induce those who have control over the insane person to restrain him, and
3. An insanity defense will lead to false claims of insanity to avoid liability.
Which doctrine keeps me liable for battery if I intended to hit person 1, but I miss and end up hitting person 2 by mistake.
What is the transferred intent doctrine?
A Balancing Test must balance these two things.
What is the severity of harm and the cost of alternatives
I'm trespassing your land! unless.....(name the exceptions)
What is impermissible discriminatory reasons for a business or an emergency / based on necessity.