Rules and Elements of Intentional Torts and Defenses

What is the rule statement for Battery?

A person is subject to liability for battery if he acts intending to cause a harmful or offensive contact

What are the elements of Battery?

Contact (direct or indirect); Contact is harmful or offensive; Intent to contact

What is the rule statement for Assault?

A person is subject to liability for assault if he acts intending to cause an imminent apprehension of harmful or offensive contact

What are the elements of Assault?

Apprehension of imminent contact; Intent to cause apprehension of imminent contact; Apprehended contact would be harmful or offensive

What is the rule statement for False Imprisonment?

A person is liable for false imprisonment if they intentionally confine the plaintiff

What are the elements of False Imprisonment?

Confinement, Intent to confine, awareness or harm

What is the rule statement for IIED?

A person is liable for IIED when one acts in a manner that intentionally or recklessly causes another to suffer severe emotional distress.

What are the elements of IIED?

Extreme and outrageous conduct; Intent or recklessness to cause emotional distress; Causation; Severe emotional distress

What is the rule statement for Trespass to Land?

A person is liable for trespass to land if they intentionally enter or cause a physical invasion of property possessed by another.

What are the elements of Trespass to Land?

Entry or refusal to leave; Intent to enter; Possession by another

What is the rule statement for Trespass to Chattel?

A person is liable for trespass to chattel when they cause harm, loss, or deprivation of use to another’s chattel.

What are the elements of Trespass to Chattel?

Harm, loss, or deprivation of use; Possession by another; Intent to take, use, or modify

What is the rule statement for Conversion?

A person is liable for conversion when they exercise “substantial dominion” other another’s chattel, to the extent that the actor may justly be required to pay the other the full value of the chattel.

What are the elements of Conversion?

Exercise of “substantial dominion”, Possession by another, Intent to take, use, or modify

What is the rule statement for Self-Defense?

An actor is privileged to use reasonable force to defend himself against harmful or offensive contact which he reasonably believes another is about to inflict upon him.

What are the elements of Self-Defense?

(Harmful or offensive contact received) or reasonable imminent apprehension of such, Reasonable force applied

What is the rule statement for Defense of Property?

A possessor may use force reasonably necessary to protect property.

What are the elements of Defense of Property?

Threat to property or reasonable belief, Reasonable force applied

What is the rule statement for Shopkeeper's Privilege?

A shopkeeper who reasonably believes that someone has taken goods from the store, or has left without paying for goods or services, may detain that person on the premises for as long as a reasonable investigation takes.

What are the elements of Shopkeeper's Privilege?

Reasonable belief that the person took goods or left without paying, Detention on the premises, Reasonable length of a detention

What is the rule statement for Consent?

A plaintiff voluntarily and willfully agrees in response to the proposed action.

What are the elements of Consent?

(Actual, apparent, or presumed consent), within scope of consent, plaintiff had the required capacity, (not procured by duress, coercion, or fraud)

What is the rule statement for Public Necessity?

Conduct is privileged because it will prevent the occurrence of a harm to the public that is more serious.

What are the elements of Public Necessity?

Actual and reasonable belief that action was needed to protect the public; Reasonable action under the circumstances

What is the rule statement for Private Necessity?

Conduct is privileged because it will prevent the occurrence of a harm to the defendant that is more serious.

What are the elements of Private Necessity?

Actual and reasonable belief that action was needed to protect the defendant; Reasonable action under the circumstances

How many elements of Battery?

3

How many elements of Assault?

3

How many elements of False Imprisonment?

3

How many elements of IEED?

4

How many elements of Trespass to Land?

3

How many elements of Trespass to Chattel?

3

How many elements of Conversion?

3

How many elements of self-defense?

2

How many elements of defense of property?

2

How many elements to shopkeepers privilege?

3

How many elements to consent?

4

How many elements to public necessity?

2

How many elements to private necessity?

2

What are the 4 torts to person?

Battery, Assault, False Imprisonment, IEED

What are the 3 torts to property?

Trespass to land, Trespass to chattel, Conversion

What are the 4 behavioral defenses?

Self-defense, defense of property, shopkeepers privilege, consent

What are the two situational defense?

Public necessity, private necessity