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23 Cards in this Set

  • Front
  • Back
Intentional Torts 3 Main elements
Tort: Battery, Assault, False Imprisonment, Trespass, Trespass to Chattels, Conversion
Intent: Specific, General, Transferred Intent
Intentional Tort: Intent
Specific: Intent to bring abut specific consequences
General: Substantial certainty of conduct's result
Transferred Intent
Intentional Tort: Causation
An act or something set in motion by defendant caused the result
Conduct was substantial factor in causing result
Harmful or Offensive Contact
With the plaintiff's person
Creation of a reasonable apprehension in plaintiff
Of an immediate Battery
False Imprisonment
Act/Omission intended to confine / restrain plaintiff
To a bounded area
Known by or causing harm plaintiff
Intentional physical invasion by a person or tangible object
Of plaintiff's real property
Trespass to Chattels
Modest or slight interference
with plaintiff's right of possession in a chattel
Showing of actual damages / Loss of Use
Remedy: Cost of diminution in value, the cost of repair, or reasonable rental value
Extensive, significant or great interference
With plaintiff's right of possession in a chattel
Intentional Tort: Defenses
Consent, Self Defense/Defense of Others, Defense to Property, Necessity, Recapture of Chattels, Privilege of Arrest, Parental Discipline, Shopkeeper's Privilege
Tort Defense: Consent
Legal capacity, express or implied, scope
Consent by Mistake may still be valid unless defendant caused mistake or took advantage of it
counters: Fraud, Duress
Tort Defense: Self Defense/Defense of Others
Reasonable Belief that tort is about to be committed on def/3rd person
Reasonable Force
Retreat not required in Majority but some retreat unless in home
restatement retreat before deadly force
Actor not liable to 3rd parties if accidental, non negligent/ non deliberate
Tort Defense: Defense of Property
Reasonable belief that tort about to be committed
Reasonable Force (No deadly traps)
Not against those w/ permission to enter
Tort Defense: Necessity to Intentional Torts to Property
Can enter land of another
Public: absolute defense to protect people
Private: partial defense - liable for actual harm caused to plaintiff's property (not for nominal/punitive)
Tort Defense: Recapture of Chattels
Recovery only from wrongdoer
Privileged to enter land to remove chattel
Responsible for actual damages if removed from innocent part's land
Tort Defense: Privilege of Arrest
Felonies: Felony was committed and
Reasonable belief that person he arrests has committed it
Police may make reasonable mistake as to both elements
Citizens may make a reasonable mistake with respect to felon's identity

Misdemeanor: Breach of Peace and
takes place in front of defendant
Tort Defense: Parental Discipline
Parents may use reasonable force or confinement as necessary to discipline a child
Tort Defense: Shopkeeper's Privilege
May detain individuals reasonable believed to be in possession of shoplifted goods for a reasonable time.
Intentional Infliction of Emotional Distress
Outrageous Conduct: lower for common carrier, known fragile class
Intent or Recklessness
Damages - severe emotional distress, actual, not nominal, damages required
Intentional Infliction of Emotional Distress: Bystander
Bystander Recovery
Intentional injury bystander may recover plaintiff was present at injury
plaintiff a close relative of injured
defendant knew
Negligent Infliction of Emotional Distress
Negligence: Defendant creates a forseeable risk of physical injury to plaintiff or risk of causing severe emotional distress likely to cause physical symptoms
Plaintiff in zone of physical danger
Physical Manifestations: plaintiff suffered distress which manifested in physical symptoms, unless erroneous report of a relative's death, mishandling of a relative's corpse
Intentional Misrepresentation
Affirmative misrepresentation of a material fact
Scienter - defendant knew/believed statement was false
Intent to induce reliance on statement
Causation: actual reliance
Justifiable reliance: justifiable only to statements of fact not opinion
Damages: must suffer actual pecuniary damages

No defenses
Negligent Misrepresentation
Misrepresentation in a business or professional capacity
breach of duty toward a particular plaintiff
Causation: actual reliance
Justifiable reliance

Generally for commercial situations