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Intentional Torts:
The intentional torts are battery, assault, false imprisonment, trespass to land, trespass to chattel, and conversion.
Battery:
Battery is the intentional unlawful, harmful or offensive touching of the person of another.
Assault:
Assault is the intentional threatening of another with a battery and the creating of apprehension of immediate bodily harm in the victim.
Transferred Intent Doctrine:
The Transferred Intent Doctrine is applicable when a defendant, while in the process of committing a battery against one person, unintentionally causes the touching of a third person. In such a case, the defendant's wrongful intent is transferred to include the unintended victim. The third person can therefore proceed against the defendant on a battery theory.
Substantial Certainty Doctrine:
The Substantial Certainty Doctrine holds that where the defendant does an act with the realization that it is substantially certain to result in a touching, the defendant is deemed to have intended the result and is liable for the battery.
False Imprisonment:
False imprisonment is the intentional confinement of the plaintiff by the defendant, without consent and without legal privilege.
Trespass to Land:
Trespass to land is an entry upon land in the possession of another, without consent and without legal privilege.
Trespass to Chattel:
Trespass to chattel is the intentional taking or damaging of personal property in the possession of another, without consent and without legal privilege.
Conversion:
Conversion is an intentional assumption of dominion and control over the personal property of another resulting in a substantial interference with the plaintiff's possessory rights, without consent and without legal privilege.
Trespass Ab Initio:
Trespass ab initio is an entry upon the land in possession of another under a conferred legal right, and the subsequent abusing of that conferred legal right through the commission of an assault, battery, false imprisonment, or trespass.
Private Nuisance:
A private nuisance results from an act or conduct by the defendant which unreasonably interferes with the plaintiff's use and enjoyment of his or her property.
Public Nuisance:
Public nuisance results from an act or conduct by the defendant which is injurious to the public in general.
Defenses to Intentional Torts:
Defenses to intentional torts are consent, self-defense, defense of others, defense of property, prevention of crime, recovery of property, legal authority, and necessity.
Consent:
Consent relates to the plaintiff's state of mind and the existence of express or implied willingness that the defendant should act in the complained of manner.
The Defense of Self-Defense:
Self-defense is a defense that relates to the general proposition that a person who reasonably believes himself to be threatened with immediate bodily harm may use whatever degree of force is apparently necessary to protect himself or herself.
The Defense of Defense of Others:
The defense of others relates to the general proposition that a person who reasonably believes another to be threatened with immediate bodily harm may use whatever degree of force is apparently necessary to protect the personal safety of the other person.
Step-In-Shoes Jurisdiction (Defense of Others):
In some jurisdictions a person is not allowed to use the defense of defense of others unless the person being defended was not the aggressor and had the right to use self-defense.
Reasonable Appearances Jurisdictions (Defense of Others):
In other jurisdictions a person defending another in good faith and in ignorance of the fact that the person being defended is the aggressor and not entitled to use self-defense is nevertheless justified when acting upon reasonable appearances. Sometimes it is further required that the person being defended is one whom the defender is authorized by statute to protect.
The Defense of Defense of Property:
The defense of defense of property relates to the general proposition that a person may be privileged to use reasonable force to protect his or her possession of real or personal property against an apparent trespasser.
The Defense of Prevention of Crime:
The defense of prevention of crime relates to the general proposition that any person, whether a police officer or a private person, is privileged to use reasonable force to prevent the commission of a crime which is apparently being attempted in his or her presence.
The Defense of Recovery of Property:
The defense of recovery of property relates to the general proposition that a person is privileged to commit an act which would otherwise constitute an intentional tort if he or she is acting for the purpose of regaining possession of his or her property. There are three separate aspects to this particular defense. They are re-entry upon land, recapture of chattel, and the "Shopkeeper's Rule".
Re-entry Upon Land Aspect:
The re-entry upon land aspect mentioned above relates to one's privilege to use force to re-enter land only if the taking of the land was tortious or wrongful and the re-entering party is entitled to immediate possession. Ordinarily, a demand must be made for the occupier to vacate unless such a demand would be a total exercise in futility. Only force not likely to cause death or serious bodily harm may be used.
Recapture of Chattel Aspect:
The recapture of chattel aspect of the defense related to recovery of property relates to one's privilege to use reasonable force to defend against chattels being taken from his or her possession if such force is not likely to cause death or serious bodily harm.
Shopkeeper's Rule Aspect:
The "Shopkeeper's Rule" aspect of the defense of recovery of property relates to a limited privilege in some jurisdictions that allows shopkeepers to detain suspected thieves i.e., shoplifters or embezzling employees, for the purpose of investigating the shopkeeper's claim to the goods, even though it may be determined that no wrongful taking has been committed.
Fresh Pursuit:
Fresh pursuit relates to the requirement that a person recapturing a chattel or a shopkeeper detaining a suspected thief must do so without unreasonable delay after promptly discovering the loss.
The Defense of Legal Authority:
The defense of legal authority relates to the proposition that one is privileged in committing an otherwise tortious act if it is done under legal process or is otherwise authorized by law. It is a defense that is usually used by police officers or private persons who have made an arrest either with or without a warrant and who are now facing charges of false imprisonment in relation to their having made the arrest.
The Defense of Necessity:
The defense of necessity relates to the proposition that a person may be privileged to commit an act which would otherwise be tortious if that person is acting in an emergency situation to protect himself or others from a threatened injury to person or property. The person claiming necessity may act on appearances. A reasonable mistake is permitted.
Reasonableness:
Reasonableness is a concept that permeates all of the defenses to intentional torts. It is the standard by which the amount of force used and/or the time and manner of a re-entry, recapture, or detention is judged.
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