6 Tort Outline 1 Threats Thus if D threatens to use force if P tries to escape

6 tort outline 1 threats thus if d threatens to use

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6 Tort Outline
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1. Threats: Thus if D threatens to use force if P tries to escape, the requisite confinement exists. Rest. 2d, §40, this is so whether the threats are explicit, or merely implied by the D’s conduct. (e.g. D displays a gun in a menacing manner). a. Purely verbal threats : If the P voluntarily submits to commands that are strictly verbal , unaccompanied by force of threats, there is no false imprisonment. Example : ( Morales - D threatened to call police and have P arrested unless she remained in the office, but no imminent force was present.) 2. Assertion of legal authority: Also, confinement may be caused by D’s assertion that he has legal authority to confine P – this is true even if D does not in fact have the legal authority, so long as P reasonably believed that D does, or is in doubt about whether D does. ( Example: Enright - a policeman took the P to jail b/c she had refused to produce her driver’s license. The court found the assertion of legal authority unlawful, for there was no law that imposed a duty on the P to produce her license under the circumstances in question.) E. P must know of confinement: P must either be aware of the confinement, or must suffer some actual harm. VI. TRESPASS TO LAND A. Definition: occurs when either: (1) D intentionally enters P’s land , without permission; (2) D remains on P’s land without the right to be there, even if she entered rightfully; or (3) D puts an object on (or refuses to remove an object from) P’s land without permission. B. Intent: the intentional interference with P’s interest in property. There is no strict liability. 1. Negligence: If D negligently enters P’s land, this is generally treated as the tort of negligence, not trespass. C. Particles and gasses: If D knowingly causes objects , including particles or gases, to enter P’s property, most courts consider this trespass. D. Air space: It can be a trespass for a plane to fly over P’s property. However, today most courts find liability only if: (1) the plane enters into the immediate reaches of the airspace (below federally-prescribed minimum flight altitudes); and (2) the flight substantially interferes with P’s use and enjoyment of his land (e.g., by causing undue noise, vibrations, pollution). E. Underneath the property: Trespass is valid. 7 Tort Outline
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VII. TRESPASS TO CHATTELS - minor A. Definition: as any intentional interference with a person’s use or possession of a chattel. D only has to pay damages, not the full value of the property (as in conversion.) 1. Elements of prima facie: • Intent to affect the chattel • Minor interference with the P possessory interests by: (a) dispossession; (b) use; or (c) intermeddling and • In the absence of dispossession, proof of damage in the form of: (a) substantial loss of use; or (b) impairment of condition, quality, or value.
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  • Spring '02
  • Baker
  • assault, Tort Outline

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