Intentional Torts Terms and Formulas

Battery (formula)

Bodily contact (direct or indirect) + harmful or offensive + caused by defendant + defendant intended to cause contact or apprehension of contact

Intent (battery)

Acting for the purpose of causing the contact or apprehension of contact, OR knowing it is substantially certain to occur; awareness of a grave risk is not enough

Transferred intent

Intent transfers from the person defendant meant to contact to the person actually contacted

Offensive contact (standard)

Judged by whether a reasonable person would find the contact offensive

Contact with the body

Not required; contact with an object closely connected to the body is enough

Assault (formula)

Plaintiff has apprehension or anticipation of imminent contact + anticipated contact would be harmful or offensive + defendant caused the apprehension + defendant intended harmful or offensive contact or apprehension of it

Imminent (assault)

Contact will occur without significant delay

Conditional threat (assault)

Threat of imminent contact if plaintiff fails to complete a request; still an assault

Apparent present ability (assault)

Offer to touch that creates a well-founded fear of imminent battery, coupled with the apparent present ability to carry it out

False imprisonment (formula)

Plaintiff confined within boundaries set by defendant + plaintiff aware of confinement or harmed by it + defendant caused confinement + defendant intended to confine

Confinement (methods)

Physical barrier, physical force or restraint, threat of immediate force or restraint, duress, or assertion of legal authority, AND plaintiff submits rather than leaving

Duress (false imprisonment)

Threat (other than force) to harm plaintiff's family or property, or to impose another significant burden if plaintiff leaves; threat to reputation alone is NOT enough

IIED (formula)

Extreme and outrageous conduct + intentional or reckless + conduct is the cause + severe emotional harm

Extreme and outrageous (IIED)

Beyond all bounds of decency and intolerable in a civilized community; an average member of society would say "outrageous"

Severe emotional harm (IIED)

Harm no reasonable person could be expected to endure

Intent (IIED)

Purpose of causing severe emotional harm, or knowing it is substantially certain

Reckless (IIED)

Knowing there is a high degree of probability of severe emotional harm

Trespass to land (formula)

Defendant enters or causes a thing or another to enter, OR remains, OR leaves something when there is a duty to remove it + land possessed by another + defendant intended to enter, remain, or leave something

Intent (trespass to land)

Intent to go to the spot, regardless of whether defendant intends to trespass or knows he is trespassing

Trespass to chattels (formula)

Dispossesses, uses, or intermeddles with chattel + chattel in possession of another + intent to dispossess, use, or intermeddle; requires actual or threatened injury to the chattel or impairment of its functioning

Chattel

Movable property

Conversion (formula)

Dominion or control over chattel + intent to exercise dominion or control + interference so serious that justice requires paying full value

Severity factors (conversion vs. trespass to chattels)

Extent and duration of control + intent to assert a right + good faith + extent and duration of interference + harm to chattel + inconvenience + expense caused

Affirmative defense

Shifts burden of proof to the defense instead of merely negating plaintiff's claim (but in most states plaintiff must prove lack of consent)

Actual consent

Plaintiff is subjectively willing; no communication needed because it is a state of mind

Apparent consent

Defendant reasonably believes plaintiff actually consents, whether or not plaintiff does

Presumed consent

Social-norm consent with no reason to believe plaintiff would not have consented

Effective consent

Given by one with capacity to consent, to the particular conduct or substantially the same conduct

Self-defense, non-deadly (formula)

Reasonable belief + other is inflicting or about to inflict unprivileged force + proportional response + can prevent only by immediate force (no duty to retreat)

Self-defense, deadly (formula)

Reasonable belief + other is inflicting or about to inflict unprivileged force + defendant in peril of death, serious bodily harm, or rape (or burglary of occupied dwelling) + can safely prevent only by immediate deadly force + no duty to retreat

Duty to retreat

Applies to deadly force only; must retreat if possible in complete safety, unless attacked in own dwelling by a non-resident

Defense of property, non-deadly (formula)

Reasonable force + not intended or likely to kill or maim + intrusion or theft + intrusion or theft not privileged + can be stopped only with force + requested to stop and refused, or request useless

Defense of property, deadly (formula)

Reasonable belief + intrusion or theft + intruder likely to cause death or maiming + to defendant or another

Retaking stolen chattel (formula)

Plaintiff tortiously took chattel + defendant had immediate right to possess + prompt response + requested return and refused, or request useless + reasonable force + not intended or likely to kill or maim

Private necessity (formula)

Reasonable and necessary + to protect person or property from serious harm + defendant liable for any harm caused

Public necessity (formula)

Reasonable necessity + avoids public disaster + disaster reasonably imminent + proportionality + only for property torts + no liability

Legal authority (formula)

Property tort + legal duty or authority + public interest + reasonably necessary