Intentional Torts

Front 1

Prima Facia Case

Back 1

A Prima Facia Case for a tort action requires the plaintiff to show that the defendant Acted, or Failed to Act under a legal duty to act, in a volitional manner with the requisite intent to cause the resultant harm.

Front 2

Merchant's Privilege

Back 2

Is a defense where reasonable force is available to detain a suspect for a reasonable amount of time to conduct a reasonable investigation upon reasonable probable cause.

Front 3

Act

Back 3

An act is required to be a voluntary non-accidental and intentional movement, or failure thereof when under legal duty, that results in the requisite harm.

Front 4

Intent

Back 4

The intent to deliberatly and purposefully cause by act, or a substantial certainty that the act will cause, the requisite harmful consequences.

Front 5

Causation

Back 5

Unlike Negligence, causation need not be specifically proven.

Front 6

Battery

Back 6

An intent to cause an unprivileged harmful or offensive touching, as judged by a resonable person standard, upon the person of another or something closely associated thereto. Victim must be aware of the battery and may collect nominal, compensatory for mental distress and punitive damages without actual harm

Front 7

Assault

Back 7

An intent to cause, in the person of another and by an overt action, a reasonable apprehension of an imminent harmful or unwanted touching. Victim must be aware of the assault and may collect nominal, compensatory for mental distress and punitive damages without actual harm.

Front 8

False Imprisonment

Back 8

The intent to cause, and the actual causation of, the confinement another by boundaries, actual force or threat of force, against their will and with their knowledge or harm thererto. Such confinement must not make available any reasonable means of escape and its duration of time is immaterial.

Front 9

Intentional Infliction of Emotional Distress

Back 9

The intent to cause, in the person of another, a severe emotional distress by menas of extreme and outrageous conduct. Special duties apply to common carriers and inn-keepers to their patrons and to those who know of a special sensitivity in their victim.

Front 10

Trespass to Land

Back 10

The intent to physically enter the land of another without privilege and by person, object or substance causing interference with the possessory rights of the owner. Mistake is no defense.

Front 11

Trespass to Chattel

Back 11

The intent to interfer with the possessory right as to chattel of the owner resulting in physical deprivation of use and/or physical damage to the chattel.

Front 12

Conversion

Back 12

The intent to exercise dominion and control over the chattels of another that results in a severe loss of use or damages amounting to a just reward of the Fair Market Value of the chattel.

Front 13

Consent

Back 13

Consent is a voluntary, explict or implicit, manifestation of one's willingness to allow certain acts against their person. Fraud and incapacity to consent can negate the defense.

Front 14

Self Defense

Back 14

With reasonable belief as to necessity, reasonable and proportionate force is available to protect from bodily harm.

Front 15

Defense of Others

Back 15

With reasonable belief as to necessity, reasonable and proportionate force is available to protect another from bodily harm when that person can claim Self-Defense privilege.

Front 16

Defense of Property

Back 16

With reasonable belief as to necessity, reasonable non-deadly force is available to protect from the occurance of a tort to property. The Hot Pusuit Doctrine allows for post tort relief if the act is done while in Hot Pursuit immediately following the tort.

Front 17

Necessity

Back 17

Necessity is available when the thwarted injury is substaniatially greater that the harm caused by the tort.

Front 18

Public Necessity

Back 18

Necessity is available when the thwarted injury is substaniatially greater that the harm caused by the tort. When the tort saves injury to the public, no damages for liability follow.

Front 19

Private Necessity

Back 19

Necessity is available when the thwarted injury is substaniatially greater that the harm caused by the tort. When the tort saves a private injury, consequential damages for liability follow.