Intentional Torts

Torts

Battery

1. Intent

2. Harmful or offensive contact

3. To another (or anything connected to that person)

Assault

1. Intentional act

2. Reasonable apprehension

3. Imminent harmful or offensive contact

Trespass to Chattel

1. Intentional

2. Interference

3. With the use of another’s property

Trespass to Chattel Remedy

Actual damages

Conversion

1. Intentional act

2. Substantially interferes

3. With another person’s property

Conversion is also understood as

Lost or destroyed

Conversion remedy

Value of the property/item at the time of the conversion

Trespass to Land

1. Intent

2. Enter the land of another

What is important about trespass to land?

No damage has to occur

Intentional Infliction of Emotional Distress (IIED)

1. Intent or reckless (malice)

2. Extreme and outrageous conduct

3. Causing severe emotional distress

What is important about IIED?

No physical harm is required - only emotional distress

Bystander cases require:

Three people!

A bystander can recover if:

1. Close family member

2. Defendant knows bystander is present

3. Bystander suffers emotional distress

A bystander who is NOT a close family member can only recover if:

They suffer physical harm

False Imprisonment

1. Intent

2. Confined, bounded area

3. Aware of confinement

Shopkeeper Privilege

If a merchant has a reasonable suspicion that someone is stealing, they can detain someone for a reasonable amount of time

Negligent Trespass to Land

1. Negligently entering

2. The land of another

3. Damage to the land

Negligent Infliction of Emotional Distress

1. Negligent infliction on someone

2. In the zone of danger

3. Causing severe emotional distress AND PHYSICAL HARM

Bystanders can recover for NIED if:

1. Close family member

2. Emotional distress

Mishandling Corpse

Np physical harm is required as long as there is emotional distress

Transferred Intent

Defendant intends to commit a tort but commits it against a different person

Defenses to Intentional Torts

1. Consent

   1. Implied or express

2. Self-defense

What is important about consent?

You cannot exceed the scope of consent.

Self-defense

If you have a reasonable belief that you are in imminent harm, you can defend yourself with the same force

Defense of Others

Reasonable belief that third party is likely to be attacked

Defense of Property

1. Reasonable force to defend your property if you have a

2. Reasonable belief that someone is going to come on your property

What is the general rule for defense of property?

You cannot use deadly force!

Private Necessity

1. Defense to trespass

2. Liable for damages to property

Public necessity

1. Preventing public harm

2. Not liable for damages to property