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Intent
A person acts with the intent to produce that consequence or the person acts knowing that the consequence is substantially certain to result.
Recklessness (Gross Negligence, Willful or Wanton Conduct)
A person engaging in conduct is reckless if the person knows of the risk of harm created by the conduct or knows facts that make the risk obvious to another in the person’s situation and the precaution that would eliminate or reduce the risk involves burdens that are so slight relative to the magnitude of the risk as to render the person’s failure to adopt precaution a demonstration of the person’s indifference to the risk.
Intentional Harm
An actor who intentionally causes a physical harm is subject to liability for that harm.
Battery – Harmful Contact
Subject to liability for battery if he acts intending to cause a harmful or offensive contact with the person of the other or a third person, or an imminent apprehension of such contact and a harmful contact with the person directly or indirectly occurs.
Battery – Offensive Contact
Subject to liability for battery if acts intending to cause harmful or offensive contact with the person or a third person, or an imminent apprehension of such contact and offensive contact with the person directly or indirectly occurs. An act done without the intention does not make the actor liable to the other for mere offensive contact, even if there is an unreasonable risk of inflicting it and would be reckless or negligent if it risked bodily harm
Assault
Subject to liability to another for assault if he acts intending to cause a harmful or offensive contact with the person or a third person or an imminent apprehension of such contact and the other is thereby put in such imminent apprehension. An action done without intent to cause harm or apprehension does not make the actor liable even if there is an unreasonable risk of such harm or apprehension occurring.
Assault – conditional threat
An actor who puts another in imminent apprehension of harm or offensive contact is liable for assault even if he gives the other the option to escape by obedience to a command given by the actor unless the actor is privileged.
Assault – Threat by Words
Words do not make the actor liable unless together with other acts or circumstances they put the other in reasonable apprehension of an imminent harmful or offensive contact.
False Imprisonment
An actor is liable if he acts intending to confine the other or a third person within the boundaries fixed by the actor and his acts directly or indirectly results in such a confinement of the other and the other is conscious of the confinement or is harmed by it. Without intent, the actor is not liable for transitory or otherwise harmless confinement even if such confinement is unreasonably likely to occur.
IIED
An actor who intentionally or recklessly causes severe emotional harm to another is subject to liability for that emotional harm and if the emotional harm causes bodily harm, also for the bodily harm.
Self-defense by Force Not threatening Death or Serious Injury
An actor is privileged to use reasonable force, not intended or likely to cause death or seirous bodily harm, to defend himself against unprivileged harmful or offensive contact or other bodily harm which he reasonably believes that another is about to inflict intentionally upon him. Self-defense still privileged even if the actor correctly or reasonably believes that he can avoid the necessity by retreating or otherwise giving up a right or privilege or by complying with a command with which the actor is under no duty to comply.
Self-defense by Force Threatening Death or Serious Bodily Harm
The actor is privileged to defend himself against another by force intended or likely to cause death or serious bodily harm when he reasonably believes that the other is about to inflict an intentional contact or other bodily harm and that he is thereby put in peril of death or serious bodily harm or ravishment which can safely be prevented only by the immediate use of such force. This privilege still exists even if the actor can safely avoid the necessity of defending himself by retreating if attached in his dwelling place is not also the dwelling of the other, or permitting the other to intrude upon or dispossess him of his dwelling, or abandoning an attempt to effect a lawful arrest. The privilege does not exist if the actor correctly or reasonably believes that he can with complete safety avoid the necessity of so defending himself by retreating if attacked in any place other than his dwelling place, or relinquishing the exercise of any right or privilege other than his privilege to prevent intrusion upon or dispossession of his dwelling place or to effect a lawful arrest.
Defense of a Third Person
The actor is privileged to defend a third person from harm or offensive contact or other invasions of his interests of personality under the same conditions and by the same means as those under and by which he is privileged to defend himself if the actor correctly or reasonably believes that the circumstances are such as to give the third person a privilege of self defense and his intervention is necessary for the protection of the third person.
Intentional Intrusion on Land
Liable for intrusion if the actor intentionally enters land in the possession of the other or causes a person or thing to do so or remains on the land or fails to remove fro mthe land a thing which he is under a duty to remove regardless of whether he causes harm or not.
Intrusion on Land By Mistake
Liable for trespass if he intentionally enters land in possession of another even if acting under a mistaken belief of law or fact, however reasonable, not induced by the conduct of the possessor, that he is in possession of the land, or has the consent of the possessor, or has some other privilege to enter or remain on the land.
Trespass to Chattels How committed
By intentionally dispossessing another of the chattel or using or intermeddling with a chattel in the possession of another.
Trespass to Chattels Liability
One who commits a trespass to chattel is liable if, and only if, he dispossess the other of the chattel, or the chattel is impaired as to its condition, quality, or value, or the possessor is deprived of the use of the chattel for a substantial time, or bodily harm is caused to the possessor, or harm is caused to some person or thing in which the possessor has a legally protected interest.
Conversion How committed
An intentional exercise of dominion or control over a chattel which so seriously interfered with the right of another to control it that the actor may justly be required to pay the other the full value of the chattel.
Conversion Seriousness
In determining the seriousness of the interference and the justice of requiring the actor to pay the full value, the following factors are important; o extent and duration of the actor’s exercise of dominion or control o actors intent to assert a right in fact inconsistent with the other’s right of control. o the actors good faith o extent and duration of the resulting interference with the other’s right of control o the harm done to the chattel o The inconvenience and expense caused to the other.
Conversion In transaction
one who receives from another possession of a chattel with intent to acquire a proprietary interest in the chattel which the other does not have the power to transfer is subject to liability for conversion to a third person who is then entitled to the immediate possession of the chattel.
Privilege of Public Necessity
One is privileged to enter land in possession of another if it is, or if the actor reasonably believes it to be, necessary for the purpose of averting an imminent public disaster o Allowed to use reasonable force against the other in order to accomplish the purpose for which the privilege exists o Actor is liable for unreasonable exercise of the privilege but such misconduct does not make him liable for original privileged entry or acts done prior to such unreasonable conduct nor does it terminate the actor’s privilege to be on the land and do acts for the accomplishment of the privilege.
Privilege of Private Necessity
One is privileged to enter or remain on the land in the possession of another if it reasonably appears to be necessary to prevent serious harm to actor, land or chattels, or the other or a third person or the land or chattels of either unless the actor knows or has reason to know the one benefitted is unwilling that he shall take such action.
Trespass Privilege liability
Where entry is for the benefit of the actor or a third person, he is subject to liability for harm done in the exercise of the privilege to any legally protected interest of the possessor in the land except where threat of harm to avert which the entry remained is caused by the tortious conduct or contributory negligence of the possessor.
Defense of Possession by Force not Threatening Death or Serious Bodily Harm
An actor is privileged to use reasonable force, not intended or likely to cause death or serous bodily harm to prevent or terminate another’s intrusion upon the actor’s land or chattels if
Use of Mechanical Devices Not Threatening Death or Serious Bodily Harm
An actor is privileged to use a mechanical device not intended or likely to cause death or serious bodily harm for the purpose of protecting his land or chattels so far as to make him not liable for physical harm to a deliberate intruder if o the use of such devices is reasonable necessary to protect from intrusion and o the use is reasonable under the circumstances, and o the device is one customarily used for such a purpose or reasonable care is taken to make its use known to probable intruders.
Use of Mechanical Devices Threatening Death or Serious Bodily Harm
The actor is so far privileged to use devices intended or likely to cause serous bodily harm or death for the purpose of protecting his land or chattels from intrusion that he is not liable for the serious bodily harm or death caused to an intruder whose intrusion is in fact such that the actor were he present, would be privileged to prevent or terminate it by the intentional infliction of such harm.
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