Extended liability: liable for damages inflicted even if he never intended harm andcould not foresee.
Cat hypothetical. Throws rock to cat, breaks neighbor¶s window. Liability dependson the intent to enter.
B. CONVERSION OF C
Exercise of substantial dominion over another¶s property.
need not be that defendant be conscious of wrongdoing.
Difficult issue is what constitutes substantial dominion.
actors: (a) extent and duration of control;(b) defendant¶s intent to assert a right to the property(c) defendant¶s good faith(d) the harm done(e) expense or inconvenience caused.
ASS TO C
Less than conversion, but still substantial.
Liable only if there results in harm to the owner¶s materially valuable interest in the physical condition, quality, or value of the chattel, or if the owner is deprived of theuse of the chattel for a substantial time.
4 Part test: act, causation, injury, intent.
Intention: must act with the intention of interfering with the property or withknowledge that such interference is substantially certain to result.
Parents, teachers, school bus drivers enjoy a privilege to discipline, and to use forceand confinement to do so.
TER 4 DEFENSE TO INTENTIONAL TORT -
ARENT MISCONDUCT OF
D is privileged to use reasonable force to defend against threat of imminent assault, battery or confinement.
Self Defense is effective based on objective appearance = Not required that P hadintention.
Test: 1) Reasonable person in his position would have perceived a threat thatrequired reasonable defense.
2) Response was reasonable and not excessive.e.g. Deadly
orce justifiable to prevent death or SBH.e.g. age, size, strength are relevant to reasonableness of defense.
B. ARREST AND DETENTION
A merchant who has reasonable cause for believing that merchandise has been takenmay detain a person for a reasonable time to deliver him to a peace officer.
RS: one who reasonably believes that shoplifting has occurred may detain thesuspected individual for a time necessary for a reasonable investigation of the facts.
Detain includes pursuit, by public policy.
C. DEFENSE AND RE