INTENTIONAL TORTS (ABC-FTT) E LEMENT #1: A CT BY D EFENDANT Torts to the Person A. B ATTERY a. D intentionally causes b. harmful or offensive contact c. with the π ’s person (anything connected to π ) B. A SSAULT a. D intentionally creates b. reasonable apprehension c. of an immediate battery (harmful/off. contact) d. with π C. F ALSE I MPRISONMENT a. act or omission intended to confine/restrain π b. to a bounded area c. known by or causing harm to π ( π must know) Torts to Property A. T RESPASS TO LAND a. Intentional physical invasion by a ∆ or tangible object (intangible ≠ trespass) b. That interferes w/ π ’s right to possession of RP B. T RESPASS TO C HATTELS ( DAMAGES ) a. Modest or slight interference b. With π ’s right of possession in a chattel & c. Showing of actual damages Required d. R EMEDY : Rental Value (cost of repair) C. C ONVERSION a. Substantial or significant interference b. with π ’s right of possession in a chattel. c. R EMEDY : Full value, Replevin, Trover (forced sale) E LEMENT #2: I NTENT (incapacity is not a defense) A. Specific: intent to bring about specific consequences B. General: substantial certainty of conduct’s result. C. Transferred Intent ( ABF-TT )- (not conversion/IIED) E LEMENT #3: C AUSATION A. ∆’s act/something set in motion by ∆ caused the result; or B. ∆’s conduct was substantial factor in causing result D EFENSES [DCSS-NPR] A. D EFENSE TO P ROPERTY a. Reas. belief that tort is being or about to be committed on property b. Reas. force (never deadly force) c. (Not available against one w/ privilege to enter land) B. C ONSENT ( LIE ) a. Legal capacity (or else incapable of consenting) b. Implied (custom/usage/conduct/body language) c. Express (literal words spoken by P) d. Be within Scope of consent C. S ELF -D EFENSE /D EFENSE TO O THERS a. Reas. belief that tort is being or about to be committed on π /third person b. Reas. Force c. *Reasonable Mistake about threat ok D. S HOPKEEPER ’ S PRIVILEGE a. may detain individuals reas. believed to be in possession of shoplifted goods for a reas. time. E. N ECESSITY a. Privilege to interfere w. π ’s property rights if reasonable to avoid more serious injury to b. Public : absolute defense c. Private : partial defense—liable for actual harm caused to Π ’s property (not for nominal/punitive) F. P RIVILEGE OF A RREST a. Felony: i. Felony was committed ; and ii. Reasonable belief that person he arrests has committed it. iii. Police may make reas. mistake as to both elements; citizens may make a reas. mistake only w/r/t felon’s identity. b. Misdemeanor: i. for breach of peace; and ii. takes place in front of ∆ G. R ECAPTURE OF C HATTELS a. Recovery only from wrongdoer; b. Privileged to enter land to remove chattel. i. Respon. for actual damages if removed from innocent party’s land. I NFLICTION OF E MOTIONAL D ISTRESS A. I NTENTIONAL ( DAMAGES ) (fallback tort position) a. Outrageous Conduct; i. Common carrier lower std.
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- Fall '14
- assumption of risk, a. Widespread dissemination