torts - intentional torts.txt

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Author:
Anonymous
ID:
226983
Filename:
torts - intentional torts.txt
Updated:
2013-07-13 18:57:24
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ca bar intentional torts
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ca bar intentional torts
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  1. Assault
    • Assault is an intentional act caused by D creating a reasonable apprehension in plaintiff of immediate harmful or offensive contact to P's person
    • 1) intent to cause apprehension (of immediate harmful or offensive contact to P)
    • 2) D was the cause of P's apprehension
    • 3) P's apprehension must be reasonable
  2. Battery
    • Battery is an intentional act caused by D which brings about a harmful or offensive contact to P or P's person
    • 1) intent
    • 2) harmful/offensive contact (to a reasonable person)
    • 3) with plaintiff's person
  3. False Imprisonment
    • P must prove D intentionally confined P to a bounded area and causation.
    • 1. Intent
    • 2. Confinement to a bounded area (no reasonable means of escape)
    • 3. Causation
    • *the duration of the imprisonment is irrelevant, except for damages
  4. Defenses to False Imprisonment?
    • 1. Shopkeeper's privilege
    • ---D reasonably believed that P stole
    • ---D must confine P reasonable (manner and length of time)
    • 2. Consent:
    • ---Did P consent to the scope of the actual confinement that was done?
    • 3. Privilege of Arrest
    • ---a misdemeanor arrest without a warrant is privileged only if:
    • ---1. the misdemeanor was a breach of the peace, and
    • ---2. committed in the presence of the arresting party
  5. Malicious prosecution
    • 1) institution of criminal proceedings against P
    • 2) termination favorable to P
    • 3) absence of probable cause for prosecution
    • 4) improper purpose of D
    • 5) damages
  6. Abuse of process
    • 1. Wrongful use of process for ulterior purpose
    • 2. Definite act or threat against p to accomplish ulterior purpose
  7. Trespass to chattels
    • D is liable for trespass to chattels if there is an intentional act caused by D that interferes with P's right of possession in the chattel that results in damages
    • 1) intent (to interfere w/P's property)
    • 2) P's property
    • 3) damages - can be established by D's dispossessing P of his property
    • Degree of harm: slight or modest interference
  8. Conversion
    • D is liable for conversion if there is an intentional act caused by D that interferes with P's right of possession in the chattel that is serious enough in nature or consequence to warrant that D pay the full value of the chattel.
    • 1) intent (to interfere w/P's property)
    • 2) P's property
    • 3) Degree of harm: significant interference
    • remedy: forced sale
    • permanent deprivation, return in a substantially altered or damaged state
  9. IIED
    • IIED requires a showing of:
    • 1) intent to cause severe emotional distress [recklessness OK!]
    • 2) D commits extreme or outrageous conduct [transcends all bounds of decency]
    • 3) Causation
    • 4) Damages - P must suffer severe emotional distress
    • Specific intent required!

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