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7 Intentional Torts
Assault, Battery, False Imprisonment, Intentional Infliction of Emotional Distress, Trespass to Land, Trespass to Chattel, Conversion
Assault
Intentional Act with intent to place another in apprehension of an immediate harmful or offensive touching
Battery
Intentional act with intent to touch another results in actual harmful or offensive touching
False Imprisonment
Act or omission which causes P's confinement to particular area with intent to confine someone, resulting in actual confinement of P (no reasonable means of escape)either awareness of the confinement or injury resulting therefrom
Intentional Infliction of Emotional Distress
1. An extreme or outrageous conduct with intent to cause severe emotional distress or recklessness with regard to such injuries (no transferred intent)resulting in severe emotional distress (no actual physical injury required)
Trespass to Land
Intent to enter land or causes instrumentality to enter land which invades the P's possessory interest in land (actual injury on required)
Tresspass to Chattel
Intentional act which interferes w/P's possessory interest in movable personal property resulting in injury. Measure of damages: depends on nature of trespass, includes a) value of lost chattel, b) actual injury to chattel and c) loss of P's use of chattel
Conversion
Act of omission with intent to assert control over a chattel which in fact belongs to P; resulting in substantial injury to the chattel. Measure of damages: full/fair value of property.
Defenses to Intentional Torts
1. Actual, apparent, or implied consent. 2. Self-defense 3. Private necessity
Actual Consent
express - can't sue 1. Surgery - so long as essential character the same, okay. 2. Unless actual consent is expressly conditioned - then no consent if condition violated
Apparent Consent
in absence of proper fear (and inproper coercion) - consent based on actions 1. Would reasonable person have interpreted P's actions as consent? 2. passenger vaccinated - can't sue if protested while holding arm up
Implied Consent
If he could consent, he would 1. Immediate decision required: Dr's action in life threatening situation, transaction costs too high, so law steps in, brings about efficient and postitive results
When consent is no good
1. Illegal acts (fighting) 2. Procured by fraud 3. No ability to consent 4. Mistake or fact? (P got facts wrong - wouldn't have consented) 5. Consent given under duress
Self Defense
Reasonable belief Non-deadly force Deadly force
Defense of Property
force reasonable under the circumstances
Private Necessity
D privileged to harm P's property only when necessary to prevent greater harm to self or 3rd persons and D can only cause enough harm to P's property as is necessary to prevent harm to self/3rd persons
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