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Intentional Tort

Definition

Battery An actor is subject to liability to another for battery if (a) 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 a contact, and (b) a harmful contact with the person of the other directly or indirectly results.

Assault An actor is subject to liability to another for assault if (a) 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 a contact, and (b) the other is thereby put in such imminent apprehension.

False Imprisonment An actor is subject to liability to another for false imprisonment if (a) he acts intending to confine the other or a third person within boundaries fixed by the actor, and (b) his act directly or indirectly results in such a confinement of the other, and (c) the other is conscious of the confinement or is harmed by it.

IIED (1) One who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another is subject to liability for such emotional distress, and if bodily harm to the other results from it, for such bodily harm. (2) Where such conduct is directed at a third person, the actor is subject to liability if he intentionally or recklessly causes severe emotional distress (a) to a member of such person's immediate family who is present at the time, whether or not such distress results in bodily harm, or (b) to any other person who is present at the time, if such distress results in bodily harm. Intent or recklessness

Required

Required

Required

Intent

Result Direct and indirect (sets in motion Apprehension caused by Confinement caused by defendant's Defendants conduct must have proximately a force that brings about harmful defendant's act or something set in act or something set in motion caused the emotional distress. Plaintiff can or offensive contact) motion either directly or indirectly either directly or indirectly suffer severe emotional distress if plaintiff was present when defendant caused severe physical harm to a close relative, and the defendant knew the plaintiff was present and a close relative of the injured person Actual not required; supports Actual not required; supports Actual not required; supports Actual damages are required. Must establish nominal and punitive damages if nominal and punitive damages if punitive damages if defendant severe emotional distress. Physical injuries are defendant motivated by malice defendant motivated by malice motivated by malice not necessary to recover. Punitive damages are allowable. Yes 21 Yes 35, 38, 39, 40, 40A, 42 Conviction of the crime, No 46

Causation

Damages

Transfer Yes Restatements 13, 18 Possible Defense Self-defense, consent

Trespass/Land One is subject to liability to another for trespass, irrespective of whether he thereby causes harm to any legally protected interest of the other, if he intentionally (a) enters land in the possession of the other, or causes a thing or a third person to do so, or (b) remains on the land, or (c) fails to remove from the land a thing which he is under a duty to remove.

Trespass/Chattel A trespass to a chattel may be committed by intentionally (a) dispossessing another of the chattel, or (b) using or intermeddling with a chattel in the possession of another.

Conversion Conversion is an intentional exercise of dominion or control over a chattel which so seriously interferes 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.

Intent to enter onto the land is required. Mistake is not a defense.

Intent to do the act of interference with the chattel is required. Mistake is not a defense.

Only intent required is the intent to perform the act that interferes with the plaintiff's right of possession. A bona fide purchaser may become a converter if the chattel has been stolen from TO. Accidentally causing damage to or loss of another's chattel does not amount to conversion unless the actor was using the chattel without permission when the accident occurred. Interference with plaintiff's chattel interests caused by defendant's act or something set in motion either directly or indirectly

Physical invasion caused by defendant's act or something set in motion either directly or indirectly

Interference with plaintiff's possessory interests in the chattel caused by defendant's act or something set in motion either directly or indirectly

Actual not required; supports nominal and punitive damages if defendant motivated by malice

Yes 158, 159

Actual damages are required. Nominal damages will not be awarded since in the absence of any actual damages, an action will not lie. Dispossession is deemed to be an actual harm. Yes 217, 218, 221, 222

Fair market value of the chattel at the time and place of the conversion. Plaintiff may also get the chattel back through the remedy of replevin. No 221, 222, 222A, 223

Privilege

Define

Consent (1) Consent is willingness in fact for conduct to occur. It may be manifested by action or inaction and need not be communicated to the actor. (2) If words or conduct are reasonably understood by another to be intended as consent, they constitute apparent consent and are as effective as consent in fact.

Self-Defense An actor is privileged to use reasonable force, not intended or likely to cause death or serious 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.

Defense/Others The actor is privileged to defend a third person from a harmful or offensive contact or other invasion 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 (a) the circumstances are such as to give the third person a privilege of self-defense, and (b) his intervention is necessary for the protection of the third person.

Memory

Willingness for conduct to occur; manifested by action or inaction; apparent consent = valid consent

Reasonable force to defend against Reasonable belief 3d party entitled to unprivileged harmful or offensive contact privilege of S/D and intervention necessary to which he reasonably believes another protect 3d party will intentionally inflict. Force not intended or likely to cause death or serious bodily injury. Deadly force when actor reasonably believes he is threatened with deadly force or serious bodily harm. Force not intended or likely to cause death or serious bodily injury. Deadly force when actor reasonably believes he is threatened with deadly force or serious bodily harm.

N/A Reasonable Force N/A Deadly Force

Effect of Mistake

If plaintiff consents by mistake, the Reasonable belief or accidental injury of a Reasonable belief that the person being consent is still valid unless the third party protected by the defense aided would have the right of self-defense defendant caused the mistake or knows of the mistake and takes advantage of it. Consent induced by fraud or duress is not a defense.

N/A Request/Demand

No

No

Defense/Property An actor is privileged to use reasonable force to prevent or terminate another's intrusion upon the actor's land or chattels, if (a) the intrusion is not privileged or the other intentionally or negligently causes the actor to believe that it is not privileged, and (b) the actor reasonably believes that the intrusion can be prevented or terminated only by the force used, and (c) the actor has first requested the other to desist and the other has disregarded the request, or the actor reasonably believes that a request will be useless or that substantial harm will be done before it can be made.

Recovery Property One may use only peaceful means to recover the chattel. Force may be used to recapture a chattel only when in "hot pursuit" of one who has obtained the possession wrongfully.

Shopkeepers Privilege to detain for a reasonable amount of time for a reasonable investigation with reasonable belief.

Reasonable force to prevent intrusion to land or chattels if intrusion Peaceful means unless in "hot pursuit" unprivileged, reasonable belief force will prevent or terminate, after request to desist.

Reasonable belief, time, investigation

Reasonable force only.

If the invasion of property entails a serious threat of bodily harm to the owner, he may invoke the privilege of self-defense and use deadly force. Indirect deadly force may not be used when such force could not lawfully be directly used. Reasonable mistake is allowed, but mistake is not allowed where the Reasonable but mistaken belief does not entrant has a privilege to enter the property that supersedes the create the privilege unless the mistake was defense of property right unless the entrant himself intentionally or caused by the other negligently caused the mistake.

Force may be used to recapture a chattel only when in "hot pursuit" of one who has obtained the possession wrongfully. No

Reasonable force

No

Reasonable belief

Demand to return property unless the actor reasonably believes that A demand is required before the use of force a request will be useless or that substantial harm will be done before unless the circumstances make it clear that it can be made the demand would be futile or dangerous.

Auth. Of Law If the defendant is duly commanded or authorized by law to do what he does, he is of course not liable for doing it.

Arrest A citizen may perform a warrantless arrest for a felony, but the citizen 1) must be correct that a felony has been committed, and 2) must have reasonable grounds to believe that the person being arrested committed the felony. A citizen may not perform a warrantless arrest for a misdemeanor unless the misdemeanor was a breach of the peace committed in the presence of the arresting party.

Necessity (Public) One is privileged to enter land in the possession of another, commit trespass to a chattel, or a conversion if it is, or if the actor reasonably believes it to be, necessary for the purpose of averting an imminent public disaster.

Duly commanded or authorized by Warrantless for felony, but must be correct and T/L, T/C, conversion for reasonable belief law have reasonable belief. Warrantless for necessary to avert imminent public disaster. misdemeanor only for breach of peace committed in presence Reasonable force

No

Reasonable mistake

Reasonable mistake

No

Necessity (Private) One is privileged to commit an act which would otherwise be a trespass to land or trespass to chattel if it is or reasonably appears to be necessary to prevent serious harm to the actor, his land, or his chattels. However, he is liable for any harm done in exercising the privileges.

Discipline Parent may apply such reasonable force or impose such reasonable confinement upon his child as he reasonably believes to be necessary for [the childs] proper control, training, or education.

Justification Restraint or detention, reasonable under the circumstances and in time and manner, imposed for the purpose of preventing another from inflicting personal injuries or interfering with or damaging real or personal property in ones lawful possession or custody is not unlawful.

T/L, T/C if reasonable belief necessary to Reasonable force or prevent serious harm to actor, his land, confinement reasonably or his chattels. believes necessary for child's control, training, education Reasonable force

Reasonable restraint or detention to prevent infliction of personal injuries or interfering with or damaging real or personal property in lawful possession Reasonable force

No

No

Reasonable mistake

Reasonable mistake

No

No

The Reasonably Prudent Person


Formula B < PL Circumstances Emergency Sudden Illness (physical and mental) Characteristics Physical handicap Child (unless engaged in inherently dangerous activity) Occupation Professional / Skilled standard Considers
the foreseeable risks of injury, but considers those risks in light of the utility of the conduct; the extent of the risks posed by his conduct; the likelihood of a risk actually causing harm; whether alternatives to his proposed conduct would achieve the same purpose with lesser (or greater) risk; and the costs of various course of action in determining what is reasonable.