chapter 2: intentional torts

intentional tort

• civil act based on defendant’s purposeful/intentional act that causes harm

• opposite of negligence

assault

• defendant causes plaintiff fear of harmful contact (no contact)

• elements: intent, fear of apprehension, threat or attempt to harmful or offensive contact (reasonable person standard)

battery

• defendant causes harmful or offensive contact to plaintiff

• elements: intent, harmful or offensive contact, no consent

prima facie

• at first sight

• party has presented evidence that appears to be true at first glance

proximate cause

• proof that defendant’s actions were legal cause of plaintiff’s injuries

foreseeability

• legal requriement that plaintiff is person who would likely be injured by defendant’s conduct

primitive damages

• damages that punish wrongful conduct of defendant

compensatory damages

• compensating plaintiff for harm/loss

false imprisonment

• intentional unlawful restraining by force or threats

• elements: intent, unlawful, use of force or threats

alienation of affections

• aka “heart balm” action

• tort based on 3rd party interference with marriage

intentional infliction of emotional distress

• elements: intentional or reckless conduct, emotional distress, causation, defendant’s actions outrageous

injunction

• court order that tells person to stop carrying specific action or thing

• if not followed, held for contempt by judge

malicious prosecution

• punishes ppl who use court system as way to harass/intimidate others

• innocent party has right to sue

tort immunity for families

• family members protected from lawsuits from other family

trespass to land

• elements: intent, entry onto plaintiff’s real property, without permission

nuisance action

• defendant’s behavior results in loss of enjoyment or value of plaintiff’s property

• can be public or private

• private: 1) defendant maintains condition, 2) that interferes with plaintiff’s right to, 3) use and enjoyment of their property

chattel

• personal property including animals that you can touch and move

trespass to chattels

• defendant’s interference with owner’s rights to their personal property

• elements: intentional, unprivileged interference with plaintiff’s personal property, results in damages or loss of property

conversion

• exercise control over property and removal of it from possession of rightful owner

• initially had legal right to use/possess property but failed to return → amounts to theft (since it deprives)

immunity

• special protection that keeps individual from being sued, arrested, or punished