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Intentional Torts- require intent by D to desire to cause a certain result…
Intentional Torts- require intent by D to desire to cause a certain result
Battery: unwanted contact
1) Act: unwanted contact based on reasonable person standard. Contact beyond the body. (HAT, CLOTHES)
2) Intent: desire to commit the unwanted act
3) Causation: indirect contact that is motivated by intent to cause act i
Assaults: reasonable apprehension of unwanted contact
1) Act: P is apprehensive of; immediate harmful or offensive to the body. Words are not enough.
2) Intent: desired to cause apprehension
3) Causation: act motivated by intent to caused harm
False Imprisonment: act or failure to act that resulted in restraint or confinement
1) Act: restraint or confinement. Doesn't have to be physical. Threat of force; use of legal authority suffices.
Intent: P must be aware of restraint/confinement
Causation: D's act or omission caused confinement to a bounded are.
Shopkeeper's privilege: shoplifter can be detained if reasonable to believe that theft occurred. Detainment must be for a reasonable time. Detention is for purpose of investigation.
IIED: extreme and outrageous causing severe emotional distress.
1) Act: Conduct must be extreme and outrageous. Non outrageous behavior is actionable if sensitivities/weaknesses targeted. if fragile class member targeted. If Persons targeting the P is a common carrier or innkeeper then non outrageous contact could be actionable
2) Intent must be to be reckless with P
3) Causation: recklessness must cause severe emotional distress
4) Damages: Must prove above to justify damages
Trespass to Chattel & Conversion: interference or damage to personal prop.
1) Act: right of possession interfered with by dispossession. Trespass included. Conversion is considered significant interference or damage.
2) Intent: level of interference with prop. demonstrates intent
3) Causation: Ds actions can be linked to
Transferred intent: doctrine that holds if the intent to harm on was transferred to another was then intent stands.
Trespass To Land: physical invasion for prop.
1) Act : the invasion by way of propelling an object
2) Intent: Not trespass but entering into house
3) Causation: The invasion occurs and can be linked to D
To establish liability must prove: 1) Act 2) Intnent 3) Causation
2) Intent must be SPECIFIC OR GENERAL
Specific: Certain harm
General: substantial certainty
3) Causation proved by linking the intent that motivated the act to the harm
1) The ACT must be voluntary