Intentional Torts

Front 1

Intentional Torts require (3)

Back 1

1. Intent (person acts with purpose of producing a consequence) or (person acts knowing that the consequence is substantially certain to result) (particularized not general knowledge)

2. Injury (civil wrong not criminal wrong)

3. Causation (link between conduct and injury)

Front 2

Battery (3)

Back 2

1. Intent (person acts with purpose of producing a consequence) or (person acts knowing that the consequence is substantially certain to result) *single or duel *transferred

2. Contact w/ another's person (must be caused by def., immediate attachment/vicinity) (un-consented)

3. Harmful or offensive - reasonable person t standard (obj.) (eggshell skull)

Front 3

Assault (3)

Back 3

1. Intent (P or K w/SC)

2. Reasonable Apprehension of Contact (must be aware of it) (imminent contact)

3. Harmful or offensive conduct (don't need to prove actually suffered, just that it would have been reasonable)

Front 4

Transferred intent (2)

Back 4

1. Between 1/5 intentional torts no include IIED

2. Between plaintiffs

Front 5

Intentional Infliction of Emotional Distress (3)

Back 5

1. Extreme & Outrageous Conduct (ordinary insults not enough)

2. Causing severe distress

3. Intent (P or K w/SC) (beyond reasonable risk)

Front 6

Trespass to Land (2)

Back 6

1. Contact with the land/ remains on him (fails to remove if duty to) (doesn't need to cause harm) (mistake is not enough)

2. Intent (P or K w/ SC) to enter

*Recover amount of diminished

Front 7

Trespass to Chattels (3)

Back 7

1.Contact/ Confinement of thing

2. Intent (P or K w/SC) dispossessing chattel

3. Injury (substantial depriving use of chattel for substantial time) (no trivial) (impair condition, quality, or value)

Front 8

Conversion (3)

Back 8

(stealing)

1. Domination or control over something (seriously interferes with another)

2. Injury

3. Intent

*Remedy is the full value

Front 9

False Imprisonment (3)

Back 9

1. Intent

2. Confinement w/i fixed boundary (area may be large) (reasonable means of escape ok, unless Pl. knows of it)

3. Must be conscious of it or harmed by conduct (threats of physical force)

Front 10

Intentional Torts (6)

Back 10

1. Battery

2. Assault

3. Trespass (to Land and Chattels) (Conversion)

4. False Imprisonment

5. IIED

Front 11

Affirmative Defenses to Intentional Torts (4)

Back 11

1. Consent

2. Self-defense

3. Necessity

4. Statute of Limitations

Front 12

Consent (5)

Back 12

1.Privilege for def. (complete defense meaning you can't defeat by transferred intent)

2. Pl. actually wanted/ desired contact (words or actions) (inaction) (literal meaning not needed)

3. Pl. reasonably manifests willingness

4. Volitional capacity (age/ awareness/ scope)

5. Custom (societal norm)

6. Necessity of contact (unavoidable)

Front 13

Self-Defense of Person

Back 13

1. privileged to use reasonable force "based on circumstances" (Castle Doctrine) (imminent harmful contact)

2. not likely to cause death or serious bodily harm (not disproportionate)

3. duty to retreat vs. stand your ground

(deadly force) (def. of 3rd person)

Front 14

Self Defense of Property/ Chattel

Back 14

1. privilege to use reasonable force

2. not likely to cause death or serious bodily harm (not disproportionate) (life is greater than property)

(devices necessarily to protect the land)

3. warning and fresh pursuit

Front 15

Public Necessity

Back 15

1. Reasonable belief in the necessity of adverting an imminent public disaster

2. Def. is NOT liable for the actual damages of harm (absolute privilege)

Front 16

Private Necessity

Back 16

1. Reasonable belief in the necessity of adverting an imminent public disaster

2. Def. is liable for the actual damages of harm (qualified privilege)