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TORTS (Intentional Torts: (1) Act (2) Intent (3) Causation (4) Harm…
TORTS
Intentional Torts: (1) Act (2) Intent (3) Causation (4) Harm
Against People
Assault
Intent: ability to commit
Causation: harmful or offensive; reasonable person; fear not required
Act: words not enough
Harm: actual damages not required
IIED
Act: outrageous/extreme behavior
Intent: purpose/desire to harm; substantially certain
Causation: But/for
Harm: severe emotional distress
Battery
Act: contact to person
Intent: make harmful contact; without consent; don't need to intend consequence
Causation: but for
Harm: to body; something attached; reasonably close
False Imprisonment
Act: confining or restrained to area against will
Intent: brief time sufficient; knowledge of confinement
Causation: but/for
Harm: actual harm, knowledge; no duty to resist if credible threat of harm
Against Property
Trespass to Land: intentional entry; need knowledge; plaintiff has actual/right to possession of land
Trespass to Chattel: intentional interference with property; knowledge required
Conversion: intentional act to destroy or seriously interfere with chattel; longer period or greater use of chattel
Defenses
Negligence
Liability (Products & Strict)
Misc.