E: Intentional Torts

BATTERY

(i) harmful or offensive contact to the person of another
(ii) intent (to make contact)

ASSAULT

(i) reasonable apprehension of imminent harmful or offensive contact

(ii) intent (to cause apprehension OR to make contact)

FALSE IMPRISONMENT

(i) confinement of another in a bounded area
(ii) other person is aware of confinement OR is harmed by confinement
(iii) intent (to confine)

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

(i) extreme and outrageous conduct

(ii) intent (to cause severe emotional distress) OR recklessness thereby

Can a public figure recover for IIED?

cannot recover UNLESS…
(i) statement was of fact (not opinion)
(ii) statement was false
(iii) D knew the statement was false OR was reckless as to its veracity

TRESPASS TO LAND

(i) entering or causing something to enter the land of another
(ii) intent (to enter)

TRESPASS TO CHATTELS

(i) slight interference w/ the personal property rights of another

(ii) intent (to cause interference)

CONVERSION

(i) serious interference w/ the personal property rights of another

(ii) intent (to cause interference)

What are the different defenses to intentional torts?

• privilege

• defense of persons (self OR others)

• parental discipline

• defense of property

• consent

• authority (arrest, shopkeeper’s privilege)

• necessity

• protection of public interest

DEFENSE OF PERSONS

1. Self Defense

2. Defense of Others

1. D is not liable for harm to another if…

(i) D honestly and reasonably believed that the other person was going to harm him

(ii) D used reasonable and proportionate force to defend himself

2. IF another person would be entitled to use self-defense, THEN D can use reasonable and proportionate force to defend that other person.

PARENTAL DISCIPLINE (defense)

A parent may use reasonably necessary force to discipline their child.

DEFENSE OF PROPERTY

1. In General

2. Ejecting a Trespasser

3. Recapturing Chattel

1. Can use reasonable force. Cannot use deadly force.

2. Can use reasonable force

3. First, must request return. Then, can only use reasonable and non-deadly force.

AUTHORITY (defense)

1. Arrest

2. Shopkeeper’s Privilege

1. A cop can use reasonable force to arrest a person if…

(i) cop reasonably believes that person committed a felony, OR

(ii) the person’s conduct constitutes a breach of the peace

2. IF a shopkeeper has reasonable suspicion that a person stole, THEN the shopkeeper can…

(i) detain the person on the premises

(ii) for a reasonable period

(iii) in a reasonable manner

NECESSITY (defense)

1. General Rule

2. Incomplete Privilege

1. IF trespass to land, trespass to chattels, or conversion is reasonably necessary to avoid a substantially greater harm, THEN D will not be liable for that conduct.

2. IF D’s tort was to protect the public at large (i.e. public necessity), THEN D is not liable for damages. IF D’s tort was to protect himself (i.e. private necessity), THEN D can still be liable for damages.