Intentional Torts and Defenses

Battery

Volitional, Necessary Intent, Causation, Harmful or Offensive Contact Occurs, To a Person

Assault

Volitional, Necessary Intent, Causation, Plaintiff had Reasonable Apprehension, To a Person

False Imprisonment

Volitionally Confines, Necessary Intent, Causation, To a Person

Trespass to Chattels

Volitional, Necessary Intent with the chattel of another, Causation, P’s chattel is interfered with

Conversion

Volitional, Necessary Intent over Chattel, Causation, Plaintiff’s chattel is destroyed or lost

Trespass to Land

Volitional, Necessary Intent with real property of another, Causation, Plaintiff’s real property is invaded

Intentional Infliction of Emotional Distress

Volitionally engages in outrageous conduct, Necessary Intent, Causation, Plaintiff suffers severe emotional harm

Consent

An affirmative defense allowing a defendant to either show plaintiff affirmatively communicated express permission or implied consent through what a reasonable person would interpret through their conduct. Also can be showed if emergency action was required to prevent harm and a reasonable person would have consented if they could.

Self-Defense

D may use reasonable force to prevent P from engaging in imminent and unprivileged attack and defendant may use proportionate force that is reasonably necessary. Defendant has no duty to retreat even if available and is not liable for intentional tort against someone else injured in the process.

Defense of Others

Defendant may defend 3rd person from P’s attack to the same extent 3rd person entitled to defend self from that Plaintiff

Necessity

Defendant can harm Plaintiff’s personal or real property if reasonably necessary to avoid substantial greater harm to the public, self, or to Defendant’s property.

Defense of Property

Defendant may use force to prevent Plaintiff from committing tort against Defendant’s property. However, Defendant must first demand Plaintiff stop conduct threatening property before Defendant can use reasonable force. Then, the defendant’s actions must not be greater in force than necessary, and it is never permissible to use deadly force.