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23 Cards in this Set

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Intentional Torts 3 Main elements
Tort: Battery, Assault, False Imprisonment, Trespass, Trespass to Chattels, Conversion
Intent: Specific, General, Transferred Intent
Causation:
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
Battery
Harmful or Offensive Contact
With the plaintiff's person
Intent
Causation
Assault
Creation of a reasonable apprehension in plaintiff
Of an immediate Battery
Intent
Causation
False Imprisonment
Act/Omission intended to confine / restrain plaintiff
To a bounded area
Known by or causing harm plaintiff
Intent
Causation
Trespass
Intentional physical invasion by a person or tangible object
Of plaintiff's real property
Intent
Causation
Trespass to Chattels
Modest or slight interference
with plaintiff's right of possession in a chattel
Showing of actual damages / Loss of Use
Intent
Causation
Remedy: Cost of diminution in value, the cost of repair, or reasonable rental value
Conversion
Extensive, significant or great interference
With plaintiff's right of possession in a chattel
Intent
Causation
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
Causation
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
Causation
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
Damages

Generally for commercial situations