Intentional Torts and Privileges

Vocabulary flashcards covering core intentional torts, elements, jurisdictional splits, damages requirements, and affirmative defense privileges based on the lecture transcript.

Intent

Intending to do an act with the consequences, or intending to do the act knowing with substantial certainty the outcome.

Battery

An intentional act to make contact that is offensive or harmful, where such contact actually occurs.

Single Intent

A jurisdictional rule for battery requiring intent to cause contact, which ultimately turns out to be harmful or offensive in fact.

Dual Intent

A jurisdictional rule for battery requiring intent to cause both the contact and also the harm or offense.

Assault

An intentional, unlawful attempt to touch another in a rude or angry manner that creates a well-founded or reasonable apprehension of an imminent battery, coupled with the apparent present capability to effectuate the battery.

False Imprisonment

Intentional unlawful restraint of the personal liberty of another against their will and without adequate legal justification.

Intentional Infliction of Emotional Distress

Intentionally or recklessly acting through extreme and outrageous conduct to cause severe emotional distress to the plaintiff.

Trespass to Land

An intentional invasion that interferes with the exclusive possession of land, requiring no actual damage.

Trespass to Chattel

Intentionally using or interfering with a chattel in the possession of another, resulting in dispossession, impairment of condition/quality/value, substantial deprivation of use, or harm to the possessor.

Conversion

An intentional exercise of dominion or control over a chattel possessed by another that so seriously interferes with possessory rights that the actor may justly be required to pay the full market value of replacement.

Forms of Damages

The three forms of damages in tort law: Nominal, Compensatory, and Punitive.

Informed Consent Duty

A doctor's legal duty to provide information regarding the risks of a medical procedure; failure to provide information is negligence, whereas operating beyond the scope of consent remains battery.

Self-Defense

A privilege allowing anyone to use a reasonable, non-retaliatory amount of force to defend against a battery based on a reasonable belief that defense is necessary.

Defense of Third Party

The privilege to use reasonable force in defense of a third person if that third party had the defense available to them (or, in some jurisdictions, based on a reasonable belief that it was available).

Defense of Property

The privilege allowing reasonable force against unauthorized intruders, which prohibits spring guns but allows deadly force inside the home without an obligation to retreat in many states.

Recovery of Property

The right to recover stolen or fraudulently taken property using reasonable force if in fresh pursuit, but requiring a demand and legal process if time has lapsed.

Shopkeepers' Privilege

The privilege allowing a shopkeeper to detain a person suspected of theft for a reasonable investigation if they hold a reasonable belief of theft.

Public Necessity

A privilege based on good faith in an apparent, imminent necessity to protect against widespread public harm (e.g., Surocco).

Private Necessity

A privilege to protect private interests during an emergency where the actor remains obligated to compensate the property owner for damages (e.g., Vincent).