Torts Black Letter Summary - BLACK LETTER SUMMARY TORTS-INTENTIONAL TORTS TO PERSONBattery A prima facie case consists of 1 an act by the defendant that

Torts Black Letter Summary - BLACK LETTER SUMMARY...

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B LACK L ETTER S UMMARY - T ORTS -INTENTIONAL TORTS TO PERSON- Battery A prima facie case consists of: 1) an act by the defendant that brings about harmful or offensive contact to the plaintiff’s person (would be considered harmful or offensive by a reasonable person of ordinary sensibilities); 2) intent on the party of the defendant to do the act (goal in acting is to bring about consequences or defendant acts knowing with substantial certainty that consequences will result); and 3) causation (satisfied if defendant’s conduct was a substantial factor in bringing about the injury). Assault A prima facie case consists of: 1) an act by the defendant creating a reasonable apprehension in plaintiff of immediate harmful or offensive contract to plaintiff’s person; 2) intent on the part of the defendant to bring about such apprehension in the plaintiff; and 3) causation. False Imprisonment A prima facie case consists of: 1) an act or omission on the part of the defendant that confines or restrains plaintiff to a bounded area; 2) intent on the part of the defendant to bring about such confinement; and 3) causation. Intentional Infliction of Emotional Distress A prima facie cases consists of: 1) an act by defendant amounting to extreme and outrageous conduct; 2) intent on the part of the defendant to cause plaintiff to suffer severe emotional distress, or recklessness as to the effect of defendant’s conduct; 3) causation; and 4) damages (severe emotional distress). -INTENTIONAL TORTS TO PROPERTY- Trespass to Land A prima facie case for trespass to land consists of: 1) an act of physical invasion of the plaintiff’s real property by the defendant; 2) intent on the defendant’s part to bring about the invasion; and 3) causation. Trespass to Chattels A prima facie case consists of: 1) an act by the defendant that interferes with plaintiff’s right of possession in a chattel; 2) intent on the part of the defendant to bring about the interference; 3) causation; and 4) damages. Conversion A prima facie case consists of: 1) an act by the defendant that interferes with plaintiff’s right of possession in a chattel; 2) the interference is so serious that it warrants requiring defendant to pay the chattel’s full value; intent on the part of the defendant to bring about the interference; and 4) causation. -DEFENSES TO THE INTENTIONAL TORTS- Consent A defendant is not liable for an otherwise tortious act if the plaintiff consented to the defendant’s act either expressly or implied from custom, conduct, or by law. Self-Defense Where a person has reasonable grounds to believe that he is being, or is about to be, attacked, he may use such force as is reasonably necessary for protection against the potential injury. Defense of Others When the actor reasonable believes that the other person could have used force to defend himself, the defender may use such force as is necessary to protect against the injury.
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