TORTS I-JA - TORTS I I. By Jeff Amato Professor Tamanaha...

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TORTS I By Jeff Amato Professor Tamanaha I. Intentional Torts FITTED CAB A. Intent 1. Intention to bring about an intended result 2. Knowledge with substantial certainty that conduct will bring about the result 3. Transferred Intent a. Transfer between persons b. Transfer between traditional intentional torts FITT AB B. Battery 1. Intentional infliction of harmful or offensive contact upon a person a. Protection of the dignity of the person, touching anything connected with that person is also considered battery 2. Harmful or Offensive Contact results C. Assault 1. Intent to inflict harmful or offensive contact 2. Apparent present ability to effectuate attempt a. Subjective test of apprehension b. Objective test of ability to effectuate 3. Imminent Apprehension of harmful or offensive contact D. False Imprisonment 1. Restraint of Individual 2. Against the will of person 3. Unlawful a. Police officers 1) Probable cause that the crime was committed 2) Warrant 3) Conviction for crime b. Merchants Privilege NY Gen Obligations Law 1) Detained in a reasonable manner 2) For a reasonable time to permit investigation 3) Reasonable grounds to believe they were committing larceny or were in possession of antisecurity item a) Included but not limited to knowledge of possession or concealment 4. Conscious awareness at the time or Harmed by imprisonment 5. Damages; cannot recover for damages incurred for trying to escape, for example jumping out of moving bus, if he could have remained imprisoned without harm. E. Intentional Infliction of Mental Distress 1. Intentional or Reckless conduct 2. Extreme or outrageous conduct a. objective test 3. Causal connection between conduct and distress
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4. Severe emotional distress F. Trespass to Land 1. Intent to enter upon land a. intent to enter on land, mistake does not matter 2. Unlawful, unauthorized 3. Entry 4. INDIRECT TRESPASS 1) Invasion of interest in exclusive possession 2) Intentional 3) Reasonably foreseeable that the act would result in invasion 4) Substantial damage to property 5. Land extends all the way up and all the way down, federal statute USCA 401 preempted common law. Land now extends to so much of the airspace above the ground one can occupy or make use of in connection with the enjoyment of the land 6. Privileged entries are limited to time, space and purpose, revocation of these rights must be reasonable. G. Trespass to Chattels 1. Chattel is impaired in condition, quality, value. 2. Possessor is deprived of use for a substantial time 3. Bodily harm is caused to possessor or 3 rd party. H. Conversion 1. Intentional exercise of dominion or control 2. Serious Interference, factors include; a. extent and duration of control b. actors intent to assert a right c. actors bad faith d. harm done to chattel e. inconvenience 3. required to pay for item in full, forced sale II. Affirmative Defenses A. Consent 1. Signified by actions 2. Rules or customs 3. Consent without full disclosure is invalid 4. Cannot consent to unlawful activities ie. Fighting, stat rape.
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This note was uploaded on 02/18/2008 for the course LAW 1010 taught by Professor Cavanaugh during the Fall '00 term at St. Johns Duplicate.

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TORTS I-JA - TORTS I I. By Jeff Amato Professor Tamanaha...

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