Elements 1. Act 2. Intent – Intent – direct/ 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
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 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 – can be transferred between 5 torts 1.) battery; 2.) assault; 3.) false imprisonment; 4.) trespass to chattel & 5.) Trespass to land. Mistake Doctrine
– D. – 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 – 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 rd 3 person from immediate unlawful physical harm 1. Limited Privilege a. Privilege to use force on rd behalf of a 3 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