ASSAULT
BATTERY
CONVERSION
Intentional creation of immediate
apprehension of harmful or offensive
contact
Intentional infliction of harmful
or offensive touching of a
person
Elements
1. Act
2. Intent
3. Causation
4. Apprehension
5. Immediate
Elements
1. Act
2. Intent – direct/ indirect
3. Causation
4. Touching
5. Harmful or offensive
An intentional dominion or control
over a chattel which so substantially
interferes w/ the P’s right as to
require D to be forced to purchase it
Elements
1. Act
2. Intent
3. Interference
4. Chattel
5. Substantially
6.
FALSE IMPRISONMENT
EMOTIONAL DISTRESS
TESPASS TO LAND
The restraint of a person in a bound
area w/o justification or consent
Intentional or reckless infliction
by extreme & outrageous
conduct of severe emot distress
An intentional physical invasion
of a person’s real property
Elements
1. Act
2. Intent
3. Causation
4. Confinement
5. Bounded area
6. Awareness of harm
Elements
1. Act
2. Intent or recklessness
3. Extreme and outrageous
conduct
4. Causation
5. Severe emotional distress
Elements
1. Act
2. Intent
3. Causation
4. Physical invasion
5. Real property
TRESSPASS TO CHATTEL
Intent
An intentional interference with
plaintiff’s chattel by physical
contact or dispossession
– D. acted with purpose to cause harmful or offensive contact, or
knew with substantial certainty that a harmful act would occur
Transferred Intent
Elements
1. Act
2. Intent
3. Causation
4. Interference
5. With right of possession of
6. Chattel
– can be transferred between 5 torts 1.) battery; 2.) assault; 3.) false
imprisonment; 4.) trespass to chattel & 5.) Trespass to land.
Mistake Doctrine
– D. intends to do acts which would constitute a tort, it is no defense
that D. mistakes, even reasonably, the identity of property or person he
acts upon or believes incorrectly there is a privilege.
Causation
– D.’s voluntary action must be the direct or indirect legal cause of the
harmful or offensive contact.
SELF-DEFENSE
CONSENT
Reasonable force can be used where one
reasonably believes that such force is
necessary to protect oneself from
immediate harm.
Expressed and implied manifestation of consent
Elements
1. Threat must be immediate
2. Victim’s response must be
reasonable
3. Like force – force can’t be
greater
Elements
1. Implied by custom – custom to tackle in football
2. Conduct – rolling up sleeve to give blood
3. Implied by law – statute
4. Expressed by words – right arm is easier to take blood from
Invalid if induced by fraud, duress, illegality
DEFENSE OF PROPERTY
DEFENSE OF OTHERS
Can use reasonable force to protect a
3rd person from immediate unlawful
physical harm
1. Limited Privilege
a. Privilege to use force on
behalf of a 3rd person was
justified
b. Intervener stands in the
shoes of the person being
protected
c. Person being defended
must have the right to selfdefense
2. Restatement Rule
You don’t have to be right; you
just have to have a reasonable
belief
DUTY TO RETREAT RULE
1.
2.
3.
Gen Rule: No duty to retreat
Modern Trend: Duty to retreat
before using serious force if one
(i) can do so safely, and (ii) is
not in his/her own home
For MBE, it will be in call of
question; for essay, state both.
A person is privileged to use reasonable force to prevent a tort against
real property or personal property. Unlike self-defense, a reasonable
mistake will not excuse force that is directed against an innocent
party.
Reasonable force – can be exercised in protection of property. Force
intended to inflict death or serious bodily injury is never reasonable to
protect merely property.
NECESSITY
Allows D. to interfere with the property interest of an innocent party in
order to avoid a greater injury; the action minimizes the overall loss.
PUBLIC
Provides d. with absolute
privilege to interfere w/ the
property of others to avoid a
public disaster and not liable for
the damage.
SHOPKEEPER’S
PRIVILEGE:
A storeowner who reasonably
suspects a person of stealing
merchandise may use reasonable
force to detain the person for a
reasonable time to conduct an
investigation and summon police.
[Defense to false imprisonment].
PRIVATE
Is a incomplete defense: the D
is privileged to interfere with
another’s property, but is liable
for the damage.
HOT PURSUIT – Tort is
still occurring if one is in “hot
pursuit” of another who has
wrongfully taken his/her
chattel.
One need only have a
reasonable belief that a tort is
being committed