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Torts Table

1. The document discusses various intentional torts including battery, assault, false imprisonment, trespass to land, conversion of chattels, and trespass to chattels. 2. It provides the elements for each tort, such as the intent and conduct required, as well as available defenses like self-defense and consent. 3. The document also discusses negligence, the duty of ordinary care, and defenses like contributory negligence and emergency situations.

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120 views2 pages

Torts Table

1. The document discusses various intentional torts including battery, assault, false imprisonment, trespass to land, conversion of chattels, and trespass to chattels. 2. It provides the elements for each tort, such as the intent and conduct required, as well as available defenses like self-defense and consent. 3. The document also discusses negligence, the duty of ordinary care, and defenses like contributory negligence and emergency situations.

Uploaded by

jdebski428
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Intentional Torts BATTERYan intentional, unconsented to, touching in a harmful or offensive way

Elements 1. 2. 3. 4. 5. INTENT (with purpose or substantial certainty) UNCONSENTED (unpermitted) TOUCHING OFFENSIVE CONTACT or HARM (that a reasonable person would find offensive) ACT

Affirmative Defenses Self-Defense: Force, must be commensurate with the reasonably perceived attack 2. Consent: expressed or implied How to express consent: A. By words B. By Action (or inaction) Self-Defense: Threat of Force 1.

ASSAULTwhen one acts intending to cause a harmful or offensive contact with the person of the other OR an imminent apprehension of such contact

Single or Dual Intent 1. An INTENTIONAL (with purpose or substantial certainty) 3. Cause a harmful or (invasion of personal dignity) 4. Offensive contact 5. With the person or 6. A third person or 2. APPREHENSION of IMMINENT HARM to Plaintiff a. Apprehension-an awareness of an imminent touching that would be battery if completed 3. P must be aware of IMMINENT HARM 4. D must have ability to carry out the IMMINENT BATTERY 1. 2. 3. 4. 5. 6. a. INTENTIONAL CONFINEMENT W/out LAWFUL PRIVILEGE Against Ps CONSENT W/out any means of REASONABLE ESCAPE For APPRECIABLE AMOUNT OF TIME (can be short) P must be AWARE OF CONFINEMENT or suffer actual harm

FALSE IMPRISONMENT--occurs when a person confines another intentionally w/o lawful privilege and against the persons consent w/in a limited area for any appreciable timemust be aware of confinement or, if not, sustain actual harm as a result TRESPASS TO LAND--

Self-Defense: Restraint

1. 2. 3. 4. 5. 6. CONVERSION OF CHATTELS taking control of (p. 55) 1. 2. 3. TRESPASS TO CHATTELS

INTENTIONAL ENTRY (to do the act with substantial certainty) i. Personal entry or causing something to enter land Unintentional entryif car swerves out of control on Ps property, then refuses to leave Property rights extend beneath the ground and above the ground Does not matter if trespasser believes that he has a right to be on the property (mistaken) Injunction and damagesif physical harm, cost of repair or diminution in value of premises Substantial certainty intent (p 52) Amaral v. Cuppelsgolf ball case Punitive damages Taking substantial dominion and control over chattel Must be intent to exercise dominion over the chattel Like trespass, converter can have a mistaken belief that chattel is his

Necessity: public and private

Necessity: public or private

intentional interference w/ anothers chattel resulting in harm to the condition, quality, or value of chattel

Necessity: public (greater good for public) and private

NEGLIGENCEany conduct that creates an unreasonable risk of harm to others (looks at the negligence of the D)

1. a. 2. 3. 4. 5.

DUTY Ordinary care is the same as reasonable care to avoid foreseeable risks BREACH DAMAGES CAUSE-IN-FACTACTUAL CAUSE PROXIMATE CAUSE

Contributory Negligencelooks at the negligence of the P

Emergency Situation--a sudden, unexpected and unforeseen happening or condition that calls for immediate action, and that was not created by the party seeking the instruction

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