Glossary of Intentional Tort

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Intent - What are the elements
1. D acted with the purpose fo causing the specific outcome
2. D was or should have been substantially certain the specific outcome would occur (RP Test used)
* Interest Protected?
* 2 main elements
* Personal Space

1. D acts intending to cause harmful/offensive contact to another
2. harmful/offesnive contact directly or indirectly results

*Interest Protected?
*3 main elements?
*Mental Tranquility

1. D intentionally offers to touch P in rude/angry manner,
2. D creates in P's mind a fear - reasonable apprehension - of battery,
3. there is an apparent present ability in P's mind that D can carry out the battery
False Imprisonment

*Interest Protected
*2 elements
*Methods of restraint
*Physical Liberty

1. intentional physical restraint of a person against his will,
2. no adequate legal justification

*use of physical barriers
*physical force agains person or immediate family
*express or implied threat of immediate force
*retention of preson's property
*failure to provide reasonable means of escape
False Imprisonment

* confiment must be complete
* threat of future action not enough
* P submits to persuasion - NOT false I
* legal justification if P actually committed crime
* P must be aware/conscious of confinement OR be harmed by it
* P not required to resist
* P must attempt to escape if reas.
Intentional Infliction of Emotional Distress

*3 elements
1. D's conduct was extreme and outrageous
2. intent to cause severe emotional distress
3. severe emotional distress or physical harm results

Intent difficult to prove; D K/HRTK distress was substantially certain to result
Trespass to Land

*Interest Protected
*2 elements
*compared to Nuisance
*Exclusive Possession of Land

1. unauthorized physical invasion of P's real property
2. intent to be present on land (not intent to cause trespass)

Nuisance - invasion of right to use and enjoy property; not exclusive possession
Trespass to Chattels

*Interest Protected
*3 elements
*exclusive possession of chattel

1. intentional use or intermeddling with chattel
2. chattel belongs to P
3. ... at least one results:
-chattel impaired in condition, value, quality
-P deprived of chattel for sub. time
-harm to person or thing
-dispossession results
-P had willingness for act (not harm) to occur
-can be implied (from conduct, custom, circumstances) or express
-use RP test for implied
-failure to object? - use RP test
-if P lacks capacity - consent not valid
-defense against threatened battery only
-once threat ends, privilege ends
-use RP test
-reasonable mistake excused
-P not required to wait for blow to fall
-majority: P not required to retreat
Defense of Others
-originally limited to family members, but not true anymore
-main issue: D used amount of force reasonable under circumstances

Reasonable Mistake:
-if intervenor would have privilege to defend himself - rescuer has privilege
-if rescuer turns out to be aiding aggressor - rescuer liable
--> Intervenor steps into shoes of person he is defending
-some courts say mistake can be overlooked if it was reas. mistake
Defense of Property
1. intrusion is not privileged
2. D reasonably believes intrusion can only be prevented by reas. force
3. D first asked intruder to leave OR believed request would be denied (use RP test for latter)

-value: property < life
-unless intrusion threatens life or limb to occupiers of land
-some courts say ok to use excessive force if clear notice of danger
Recovery of Property
-property obtained by fraud - right to recover without unnecessary violence or br/peace
-privilege limited to force reas. under circumstances
-when not in fresh pursuit, owner no longer has privilege to repossess (must turn to legal remedy)
-K clause giving party privilege of repossession not valid (invites br/peace)
-individual rights of property give way to higher laws of impending necessity
-must be clearly shown
Authority of law
-Officer with warrant must act properly, mistake no excuse, officer assumes responsibility for court w/out jursidiction to grant warrant;
-past br/peace arrest ok if it was committed in arrestor's presence
-felony - officer or citizen (but mistaken citizen assumes risk)
-misdemeanor - officer only (if he was present)
-officer liable for excessive force
1. reas. force and restraint only
2. trend abandoning this immunity

1. reas. force
2. consider age of student, conduct of student, nature of punishment, etc.

MAIN ISSUE - was force reasonable in circumstances?
-Action reasonable?
-imposed for purpose of preventing another from unlawful conduct?

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