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TORTS (Intentional Torts (Requirements (Voluntary Act, Intent, Elements of…

- - - - Tortfeasor's intentional act is a physical invasion of property
        
        No intent to cause harm required
        
        Mistake not a defense
        
        P must be in actual possession of land, no ownership required
        
        Includes area above and below surface
        
        Liable for nominal damages and actual harm
    - - Intentional act that interferes with P's personal property, causing harm
        
        No mistake defense
    - - Intentional act that causes the destruction or serious interference w/ chattel
        
        Greater use of chattel than trespass
        
        Longer period of interference
        
        P entitled to fair market value at time of conversion plus consequential damages
        
        D's offer to return chattel does not alleviate conversion
  - - - May use force reasonably necessary to protect against injury when he reasonably believes he is being or about to be attacked
    - - No deadly force
    - - Injuring P's property was reasonably necessary to avoid substantially greater harm to public, defendant, or to save more valuable property.
    - - Can be express or implied
      - Must not exceed scope of consent
    - - Same as self-defense
  - - - Assault
      - Battery
      - False Imprisonment
      - Trespass to Lands
      - Trespass to Chattel
  - - - Reasonable apprehension of an immediate harmful/offensive contact
        
        Reasonable person standard
        
        Fear not required
        
        Words alone insufficient
        
        Overt act required
        
        Actual damages not required
    - - Harmful or offensive contact w/ victim or something closely connected w/ victim
        
        Lack of consent
    - - Intentional act that causes P to be confined/restrained to a bounded area against P's will and P knows of the confinement or is injured.
    - - Intentional or reckless act amounting to extreme and outrageous conduct that causes P severe mental distress.
        
        Reckless conduct sufficient if D acts in deliberate disregard of high degree of probability that ED will follow.
        
        Must be conduct a civilized society would not tolerate.
        
        Mental distress must be more than a reasonable person would endure.
- - - - Libel (written form)
      - Slander (spoken word or anything not preserved in written form)
      - Slander per se
        
        Commission of a crime
        
        Allegations of a loathsome disease
        
        Imputes improper conduct of business/profession
        
        Serious sexual misconduct
    - - General damages: no proof of actual damages required
      - Pecuniary or special damages (plaintiff must prove unless slander per se)
      - Punitive: need additional showing of malice
  - - - Unauthorized use of likeliness for commercial purposes
    - - Must have a reasonable expectation of privacy
    - - Must be communicated to a substantial number of people
    - - Highly offensive, not of public concern
      - Does not apply if publication is newsworthy
  - - - Unreasonable interference
        with right common to general public
        
        Must involve significant interference w/public health, safety, peace, comfort, or convenience
        
        Continuing nature or long-lasting effect?
      - Individual cannot recover personaly unless they were harmed in a different way than others
    - - Activity or thing that substantially/unreasonably interferes w/P's use and enjoyment of land
- - - - Does one exist?
      - Affirmative duty to act: innkeepers, common carriers, professionals, parents
    - - Negligence per se
        
        Negligence buy statute
      - res ipsa loquitur
    - - Causation in Fact
        
        But for D's actions, injury would not have occured
      - Proximate Cause
        
        Was action legal cause of injury?
        
        Foreseeability