Torts

Battery

Intended contact that is harmful or offensive

Contact actually occurs

Assualt

An individual
1. Acts intending to cause
2. Apprehension of
3. an Imminent or immediate
4. Harmful or offensive contact, and
5. Plaintiff actually has such apprehension.

False Imprisonment

An actor is subject to liability to another for false
imprisonment if:
(a) he acts intending to confine the other [or a third
person (transferred intent)] within a limited area,
and
(b) his act causes such a confinement of the other,
and
(c) the other is aware of the confinement or suffers
bodily harm as a result.

Intentional Infliction of Emotional Distress

An Actor
1. By extreme and outrageous conduct (shocks the conscience)
2. Intentionally or recklessly
3. Causes
4. Severe emotional distress

(gap filler)

Tresspass to Property

An actor
1. Intentionally
a) Enters onto (or causes something to enter onto)
b) Remains on (after permission revoked), or
c) Fails to remove an item (they are obligated to
remove) from
2. Real property in possession of another
NOTE: At common law, intrusion must be physical one. Smoke, light, smells not a trespass

Tresspass to Chattle

An actor
1. Intentionally
a) Dispossesses another of,
b) Uses, or
c) Intermeddles with (by physical contact)
2. Personal property of another
3. Is liable if
a) Personal property impaired/harmed
b) Deprivation of use is for substantial time, or
c) Bodily harm occurs to possessor

Conversion

An actor
1. Intentionally
2. Exercises control over
3. Personal property of another
4. To seriously interfere
5. With right of such person to control the personal property
[remedy = payment of value of personal property converted (essentially a forced sale)]

Actual Consent

P actually agrees to D’s intended actions

Can be manifested by P’s action or inaction

Self-Defense

Need threatened battery (mere verbal provocation
not enough)
– Reasonable belief sufficient
– Defense, not retaliation
– Force must be proportional
• So deadly force only if potential loss of life or grave injury

Defense of others

Extends self-defense doctrine to others
• Must be reasonable belief that other is in
danger
• Defense again must be proportional
• Mistake?
– Some jurisdictions no defense if intervene on side of
aggressor – “stand in shoes” theory
– Majority, defense exists as long as mistake was
reasonable

Defense of property

Actor cannot cause bodily harm or
confinement in excess of that reasonably
believed necessary to prevent or terminate
the intrusion
• BUT, Actor CAN put another in immediate
apprehension of a harmful or offensive
contact or confinement in excess of that
which the actor is privileged to inflict

Recovery of Property

– Chattel taken by force or fraud
– Pursuit fresh
– Force used reasonable
– Ask for return first (unless clearly futile or
dangerous)
– No right if in fact mistaken (unless belief induced
by plaintiff)

Private necessity

1. One is privileged to enter/remain on land
2. if it appears reasonably
3. necessary for averting
4. Serious harm to
a) The actor or his land/chattels
b) A third person, or his land/chattels
i. Unless the actor knows (or has reason to know) that the third person does not want such action taken
But, Actor is still liable for harm done, UNLESS threat was caused by tortious conduct of Possessor

Authority

Police, military, government inspectors, etc.
have legal right to do things in performance of
their duties that normally would be torts.
• “Citizen arrests” may also be covered if
reasonable belief of citizen that P committed
felony or D witnessed a breach of the peace

Discipline

A Parent is privileged to apply force or
confinement the parent reasonably believes is
necessary for the child’s proper control, training
or education.
Non-parent given function of controlling,
training or educating child is ALSO privileged,
unless parent has restricted the privilege.

Apparent Consent

P does not intend to consent but D reasonably believes P has consented based on D’s actions or inactions

Presumed Consent

By custom or societal norm P is presumed to have consented unless D has reason to know P would not consent and P’s nonconsent is societally reasonble

Shopkeeper’s privilege

Subset of recovery of property
• Keys:
– Reasonable belief of theft
– Reasonable time and scope to investigation
– On or near premises

Public Necessity

One is privileged to enter/remain on land
2. if he reasonably believes
3. it necessary for averting
4. an imminent public disaster

No damages paid