CLINE

TORTS DICTIONARY, INTENTIONAL TORTS DICTIONARY.

I: THE ISSUE HERE IS WHETHER <FACTS> CONSTITUTED A TORT.

R: TORT IS <DEFINITION>.
A: IN THIS CASE, WHEN <FACTS ABOUT DS ACTIONS TO P>, D <DID/DID NOT> COMMIT TORT. EXPLAIN.
C: HOW WOULD COURT RULE? WHY?

INTENT DEFINITION

Intent means that the defendant desired the result of knows to a substan4al certainty that the result will occur.
Transferred Intent
Under transferred intent if the defendant intends [assault, ba;ery, false imprisonment, trespass to cha;el, and
trespass to land] but her acts, instead or in addi4on, result in any of the other ve inten4onal torts, the defendant is
liable, even though she did not intend the other tort against that person/to be commi;ed.
BaFery
Ba;ery occurs when the defendants acts inten4onally cause harmful of oensive contact with the vic4ms person. It
is only necessary that the defendant intended to cause either harmful or oensive contact.
Assault
Assault occurs when the defendants acts inten4onally cause the vic4ms reasonable apprehension of immediate
harmful or oensive contact. The defendant must desire or be substan4ally certain that he ac4on will cause the
apprehension of immediate harmful or oensive contact.
False Imprisonment
In false imprisonment, the defendant unlawfully acts to inten4onally cause connement or restraint of the vic4m
within a bounded area. The vic4m must be either aware of or harmed by the connement at the 4me of connement.
The vic4m must be conned with an area bounded in all direc4ons and with no reasonable means of escape or known
reasonable mens of escape.
IntenNonal InicNon of EmoNonal Distress
Inten4onal inic4on of emo4onal distress exists when the defendant, by extreme and outrageous conduct,
inten4onally or recklessly causes the vic4m severe emo4on or mental distress. Extreme and outrageous conduct is
behavior that is beyond all possible bounds of decency and to be regarded as u;erly intolerable in a civilized society.
In order to show intent, the plain4 must prove that the defendant intended to cause severe emo4onal distress or
acted with reckless disregard as to whether the vic4m would suer severe distress. IIED requires proof that the
defendant intended or recklessly imposed the risk of severe mental distress and that the vic4m actually suered
severe mental distress. Some jurisdic4on require that in order to show IIED, the P show physical manifesta4ons of the
IIED. Other jurisdic4ons only require that the P authen4cate the severe emo4onal or mental distress through means
of expert tes4mony or documented visits to a medical professional for treatment.
Third Party in IIED.
Courts tradi4onally only allowed third-party recovery for IIED if (1) she is a close rela4ve of the primary vic4m/ (2)
present at the scene of the outrageous conduct against the primary vic4m and (3) the defendant knows the close
rela4ve is presence. The Restatement only requires the presence of the third party and the defendant know that the
party is present. A minority of jurisdic4ons will allow recovery for a close rela4ve if the rela4ve is there and can show
all of the other elements of IIED; they do not require that the defendant be aware of the rela4ves presence.

Higher Standard for Common Carriers

Innkeepers, common carriers, and other public u4li4es are liable for inten4onal gross insults which cause patrons to
suer mental or emo4onal distress.

Trespass to ChaFel
Trespass to cha;el is the inten4onal interference with the right of possession of personal property. The defendants
acts must inten4onally (actually) damage the cha;el, deprives the possessor of its use for a substan4al period of 4me,
or totally dispossess the cha;el from the vic4m.
Conversion
Conversion is an inten4onal exercise of dominion and control over a cha;el which so seriously interferes with the right
of another to control it that the actor may justly be required to pay the other the full value of the cha;el.

DEFENSES TO INTENTIONAL TORTS

Consent
If the asserted vic4m gives permission, either impliedly or expressly, then what otherwise would be tor4ous is instead
privileged.
Express Consent
An individual can convey consent expressly in words or through pictorial gestures.
Implied Consent
Consent is implied when, under the circumstances, the conduct of the individual reasonably conveys consent. In the
absence of contrary expressions by the individual, consent can also be implied by community custom.
Self-Defense
Self-defense must be in response to an immediate harm or threat. The defense is both objec4ve and subjec4vethe
defendant must sincerely believe the force is necessary for protec4on and must act reasonably under the
circumstances.
JurisdicNonal Split of Self-Defense
There is a disagreement among jurisdic4ons whether retreat is required where self-defense would requires the use of
force intended to inict serious bodily injury or death. The majority posi4on does not require retreat, assuming the
threatened individual has the legal right to be present or proceed. The minority posi4on requires retreat where
serious bodily injury or death would otherwise be required in self-defense.
Defense of Others
A person can use reasonable force to protect a third person from immediate unlawful physical harm.
JurisdicNonal Split of Defense of Others
Some courts adhere to the rule that the privilege to use force in defense of a third person exists only when the person
being defended was privileged to use force. The intervener must stand in the shoes of the person being protected.
Other courts have concluded there is privilege to use reasonable force to protect a third party whenever the actor
reasonably believes a third party is en4tled to exercise self-defense.

Defense and Recovery of Property

An individual is privilege to use reasonable force to prevent a tort against her real or personal property. Only
reasonable force can be exercised in protec4on of property. Force intended to inict death or serious bodily injury is
never reasonable to protect just property.

Mechanical Devices on Property

The use of mechanical devices intended to inict serious injury or death to protect property is generally not protected.
However, barbed wire fences and similar deterrents to enter land unlawfully are not generally perceived as intended
to inict death or serious bodily injury, as they are visible and less likely to cause serious injury.
Recovery of Personal Property
An individual may use reasonable force to recover property when in hot pursuit of the wrongdoer.
Shopkeepers Privilege
The shopkeepers privilege allows store to use reasonable force to detain a person for reasonable periods of 4me to
inves4gate possible the_. The deten4on must be within or near the immediate parameters of the store. The
merchants privilege in most jurisdic4ons allows reasonable mistake, so an innocent customer cannot recover against
the store, provided that the store acted reasonably.
Necessity
Necessity is a defense that allows the defendant to interfere with the property interests of an innocent party in order
to avoid a greater injury. The defendant is jus4ed in his behavior because the ac4on minimizes the overall net loss.
Public Necessity
Public necessity exists when the defendant appropriates or injures a private property interest to protect the
community. Public necessity is a complete defense.
Private Necessity
Private necessity exists when the individual appropriates or injures a private property interest to protect a private
interest valued greater than the appropriated or injured property. Private necessity is an incomplete defense; the
defendant is privilege to interfere with anothers property, but he is liable for any damages done to property while he
is on it.