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33 Cards in this Set

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Elements of battery
1. intentional:
a) Desire to cause contact or frighten or b) knows that consequences are substantially certain to result from act.
2. harmful offensive contact with P's person
Start battery off as
battery is the intentional infliction of a harmful or offensive bodily contact.
Intent
desire to bring about consequences or knowledge that actions are substantially certain to bring about cnosequences.
Assault
1) intentional act
2) that causes P to have reasonable apprehension of imminent battery
a) imminent= apparent intent and apparent present ability to carry out threat immediately.
Begin assault with
assault is the intentional causing of an apprehension of an imminent harmful or offensive contact
False imprisonment
1) Intentional confinement
2) wthin boundaries fixed by D, actually confines P.
3) P is aware of confinement or harmed by it
begin false imprisonment with
False imprisonment occurs when the defendant intetnionally confines teh plaintiff. The plaintiff is 'confined' when his will to leave a place with fixed boundaries is overcome in a way that would overcome the will of an ordinary person in the P's position"
IIED elements
1) Intentional or reckless
2) extreme and outrageous conduct
3) causing severe emotional distress to P
begin IIED with
"the tort of intentional infliction of emotional distress occurs whenever the defendant intentionally or recklessly causes, by outrageous conduct, severe emotional or mental distress in another person"
Trespass to land elements
1) D intentionally enters P's land without permission
2) D remains on Ps land without right ot be there, even if entered rightfully or
3) P put an object on Ps land without permission (airspace)
begin trespass to land with
"trespass to land is the intetnional unauthorized entry onto the land of another"
Trespass to Chattels elements
1)intentional interference with a person's use or possession of a chattel
liable for trespass to chattels for intermedling if
1) the chattel is damaged
2) possessor deprived of use of chattel for substantial time
3) or bodily harm is thereby caused to possessor or harm is caused to some person or thing in which possessor has legally protected interest
begin trespass to chattel with
"trespass to chattels is the intentional interference with another's possessory interest in a chattel, resulting in damage to that interest"
Conversion elements
1) intentional interference
2) with Ps possession or ownership of property
3) that is so substantial
4) that D should be required to pay property's full value
ways to commit conversion (8)
1. acquire possession
2. misdelivering/transfer to third person
3. withholding good
4. damaging it
5. using it
6. receiving it
7. disposing of it
8. refusing to surrender it
Restatement 222a conversion
factors to be considered:
1. extent and duration of dominion or control
2. Actor’s intent to assert a right in fact inconsistent with other’s right of control.
3. Actor’s good faith
4. Extent and duration of resulting interference with other’s right of control
5. Harm done to chattel;
6. Inconvenience and expense caused to the other.
Defenses to intetional torts
1. consent
2. self defense
3. defense of others
4. defense of property
5. recovery of property
6. necessity
7. privilege of authority
8. privilege of discipline
9. justification
Consent
Express/implied.
implied consent
words or conduct that would lead a reasonable person to conclude P consented and did in fact lead D to such a conclusion (obrien)
consent implied as a matter of law
even if P incapable of truly giving consent, consent implied as matter of law if:
• 1) P is unable to give consent
• 2) immediate action is necessary to save P’s life or health
• 3) there is no indication that P would not consent if able
• 4) a reasonable person would consent in the circumstances.
• 5) physician has no reason to believe this patient would refuse treatment under circumstances.
Self-defense
-can use for "reasonably" necessary
-harm must be imminent unless reasonably appears that there will be no later chance to prevent danger
-mistake is okay if D REASONABLY believes that self-defense is necessary.
-verbal insults do not justify SD.
defense of others
-reasonably believe other would be able to defend self
- force is reasonable AND
-necessary to protect the other

- minority: step into shoes of other person so if they weren't entitled to SD, then you are liable for battery.
recovery of property
may use only force necessary to defend property.
- must first make verbal demand that intruder stop, unless it appears violence or harm will occur immediately, or that request to stop will be useless.
deadly Force for defense of property
only where
1. non deadly force will not suffice
2. to defend home
3) some courts only in situations where invasion threatens serious bodily harm or death
recovery of property
reasonable force if
1. entitled to immediate possession;
2. demanded return and the other refused
3. in fresh pursuit
4. person pursued is wrongdoer
5. force is reasonable
Necessity
D has privilege to harm property interest of P where its necessary to prevent great harm to third persons or D herself
public necesseity
interference of property of another is necessary to prevent disaster to community or many people
private necessity
: if a person prevents injury to himself or his property, or that of a third person, protected by privilege of private necessity IF no less-damaging way of preventing harm.

if actual damage, D must pay.
privilege of authority: arrest w/ warrant
only liable if excessive force
privilege of authority arrest without a warrant
- for citz and cops: for felony or breach of peace IF offense is being committed or seems about to be committed in his presence
- cops: past felony: IF reasonably beleives felony has been committed AND reasonably believes he has the right criminal
- citz past felony: only if felony has in fact been committed.
privilege of discipline
Restatment factors to see if w/in priv
1. whether D is parent
2. age sex condition of child
3. nature of offense and apparent motive
4. influence of child's conduct as example on other children in same fam
5. whether force or confinement reasonably nec and approp to compel obedience
6. whether it is disproportionate to the offense, unnecessarily degrading or likely to cause serious permanent harm
justification
catchall term: used where there are good reasons for exculpating D from what would otherwise be an intentional tort (sindle schoolbus case)