Torts

Dual intent

-Intended contact with another and intent the contact to be harmful or offensive

-contact result in harmful or offensive touching

Intent

• has the purpose of producing the consequences or knows to substantial certainty that consequences will ensure from a persons conduct

Single intent

Intends contact with another and result in harmful or offensive touching

Assault

-overt act, which is intended and does, in fact put another in reasonable apprehension of imminent harm or offensive contact

IIED ( intentional infliction of emotional distress)

Intentional( purpose of knowledge of substantial certainty) or reckless, extreme or outrageous conduct which is intensely to and in fact does cause severe emotional distress

Transfered intent

takes an actors intent from a planned conduct or goal and allows it to be used for liability for the tort that the actor in fact committed. which can include different person v same tort, different person v different tort, same person v different tort

False Imprisonment

willful detention performed without consent ans without the authority of the law.

• detention, restraint, and confinement within a limited area with no reasonable means of escape and force is not required as words are sufficient.

Trespass to chattels

Intentional use or intermeddling with or temporary disposition of a chattel of another such that the defendant is liable for the damages or harm to the chattel.

• when a persons is deprived of thier property for a period of time or thier property is damaged by another

• damages may include temporary loss of use or repair cost

conversion of chattel

intentional exercise of dominion over a chattel which so seriously interferes with the owners right that the defendant is fully liable for the full value of the chattel.

• occurs when a person is deprived of their property for a lengthy period of time or if it is lost or destroyed by another.

• damages measured in fair market value or use

• considered a forced sale

factors that distinguish a trespass to a conversion of a chattel

• extent and duration of the interference actors and dominion of control

• intent to assert a right inconsistent with another right of control

• actors good faith

• extent and duration of resulting interference with other rights of control

• harm done to the chattel

• inconvenience and expense to chattels owner

trespass to land

Intent to enter property, tangible intrusion of property in the possession of another. intent to trespass not required, intent to cause harm not required, physical harm not required

ITD(Intentional torts defenses)- consent

consent may be expressed, implied or apparent, or in an emergency.

• implied- words and or conduct by plaintiff reasonably understood to be intended as consent by another

consent is ineffective if consenting person lacks capacity

defendant knows or has reason to know of impairment of consenting person

consent is given under duress

exceeds the scope of consent

ITD- self defense

where a person reasonably believes themselves to be threated with immediate bodily harm, and may use whatever appears to be reasonably necessary to protect from threated injury.

factors to access self defense

• relative size, strength and age

• parties reputation

• who was the initial aggressor

• degree of physical harm reasonably feared

• presence or absence of weapons

defense of others

person may use reasonable force if it is actually necessary to defend others form immediate harm

it appeared necessary to a reasonable person( one can be mistaken)