Intentional Torts Flashcards
Battery
1) intent
2) harmful or offensive contact
3) to another or anything connected to that person
Assault
1) intent
2) which causes reasonable apprehension
3) of an imminent harmful or offensive contact
TRESSPASS TO CHATTEL
Intentionally interfering with the use of another’s property
you are going to get it back and will owe you actual damages– i.e. loss of gas
Conversion
1) intent
2) substantially interferes with the use of another
3) but now it is gone
owed the value of the property at the time of the conversion; while it is in my possession and intentionally take it
trespass to land
1) intentionally entering
2) the land of another
consciously, entering land of another– no damage has to occur
iied
intent or reckless conduct
extreme or outrageous conduct
causing severe emotional distress
Bystander cases
3 people
2 scenarios
1) bystander is close family member; defendant knows close family member is present; and she suffers emotional distress
2) if not close family member, they must suffer physical injury ir harm
False imprisonment
intentional act, placing plaintiff in confined area, with no means of escape, and aware of confinement
Exception to false imprisonment
shopkeeper privilege– reasonable suspicion and may only hold for a reasonable amount of time
Negligent trespass to land
liable if I cause damage on the land
negligent infliction of emotional distress
act negligently, you were in the zone of danger, and caused severe emotional distress AND physical harm
Bystander for NIED
Must be close family member, saw it, and suffered
NIED Dead body
causes you emotional distress and mishandles a corpse
Transferred intent
if i want to hit you and hit someone else, you will be liable because it transfers
Defenses to intentional torts- consent
express or implied consent, they cannot sue
