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TORTS - Coggle Diagram

- - - - Physical invasion of property
      - Intentional entry
      - mistake is not a defense
      - plaintiff must be in actual possession
    - - mistake is not a defense.
      - interference includes dispossession or intermeddling
      - serious interference may amount to conversion.
  - - - Plaintiff experiences a reasonable apprehension of an immediate harmful or offensive contact
      - Apparent ability
      - Overt act is required
      - Actual damages not required; can recover nominal damages.
    - - Harmful or offensive contact
      - Reasonable Person standard
      - Direct touching not required for the tortfeasor or the victim.
      - Apprehension is not required
      - Lack of consent
    - - extreme and outrageous conduct that causes the plaintiff severe mental distress.
    - - Intentional act that causes a plaintiff to be confined to a bounded area against plaintiff's will and the plaintiff knows of the confinement or is injured.
        
        confining by physical barriers
        
        failing to release the plaintiff
        
        asserting invalid legal authority
      - very brief time is sufficient
      - no duty to resist
      - not confined if reasonable means of escape exist which plaintiff is aware of.
      - requires knowledge of confinement
      - Defense
        
        Shopkeeper's privilege
        
        detention in a reasonable manner
        
        reasonable period of time
        
        based on reasonable belief as to theft
  - - - Defendant desires that his act will cause the harmful result or knows with a substantial certainty that the result will follow.
      - Transferred Intent
        
        Assault
        
        Battery
        
        False imprisonment
        
        Trespass to land
        
        Trespass to chattels
- - - - defamatory message
      - concerns the plaintiff
      - publication
      - harm to reputation
    - - libel
      - slander
      - slander per se
    - - general damages
      - special damages
      - punitive damages
    - - historical defense
      - privilege
      - constitutional consideration
- - - - cause in fact
      - proximate cause