Torts(Checklist) - INTENTIONAL TORTS Intent...

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INTENTIONAL TORTS Intent: D (Infancy/Insantity not a defense) -Desires the result OR -Substantially certain that it will occur Transferred Intent: Split TRAD: 5 torts - battery, assault, false imprisonment, trespass to chattel, and trespass to land; RS: only battery/assault Battery: D (1) Intentionally Causes (2) Harmful OR offensive (3) Contact with the victim’s person. [offensive: society standards] Assault: D (1) intentionally causes (2) reasonable [split: RS no] apprehension of (3) immediate (4) Harm OR offensive contact (words insufficient) False Imprisonment: D (1) Intentionally and (2) Unlawfully (3) Confines/Restrains P -Means to Confine: Physical barriers OR -Force or threat of immediate force against the P, family, or others in immediate presence OR -Omission where D has a legal duty to act OR -Improper assertion of legal authority (4) In a bounded area. Split: P is conscious of the confinement or injury] – not in RS Malicious Prosecution/Institution of Criminal Proceedings: D (1) Institutes OR continues criminal/civil proceeding against accused. (2) Termination of proceeding in favor of accused. (3) No probable cause (4) Improper purpose (Malice) (5) Damages Abuse of Process: D (1) Intentionally (2) Misuses criminal/civil process for an (3) Ulterior motive causing 4) Damages IIED: D engages in (1) Outrageous and Extreme conduct -Except: Isolated seductive/racist remarks -Except: Public figures (2) With the Intent OR Recklessness to cause P extreme distress. -Except: Common carriers DO NOT need this (2) to be liable (mere gross insults OK) (3) P actually suffers extreme distress. -MAJ: physical manifestations not required 3rdParty Recovery (not transferred intent though)-(1) Close relative to primary victim-(2) Present at scene of out. conduct-[(3) D knows close relative is present] –SPLIT: Rst min. takes this out Int. Inter. w/ K & Econ Relations: (1) Valid contract/EE btwn P and 3rdParty. (2) D has knowledge of contract/EE and (3) Intentionally -Split: RS: purposeful OR substantial certain; MIN: purposeful only. (4) Causes interference. (5) P suffers damages. *Trend: shift burden to P to prove interference was improper Privileges for interference w/ K or EE: -Truthful info w/in scope of request -Responsible for & acting to prot welfare. -K is illegal/against public policy. -Good faith promoting own legal interest Additional Privileges for EE: -Fair/ethical competition -Promoting one’s own financial interest Wrongful termination: Irrespective of employment contract, employer violates public policy that is: -Set out in Const. or statutes -Hurts public good -Well-established -Substantial and fundamental TBOTCOGFAFD: (1) Fiduciary/special trust relationship: Implied covenant good faith & fair dealing. (2) Requires bad faith/malice (3) Context: Split MAJ: insurance. MIN/CA: all contracts Intentional Misrep: (1) Materialmisrepresentation -Failure to disclose = usually not liable oExcept: Misleading OR fiduciary (2) Made with knowledge -that statement was false OR D -Made it with reckless disregard = D was aware of his lack of knowledge (3) D intends to induce reliance (4) D causes reliance (5)

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