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Meaning of Intent
- Desire OR
- knowledge to a subtantial certainty that consequence C will happen if D does volitional act A
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Transferred Intent
If D intends to accopmlish one of 5 torts and actually accomplishes another, D's intent transfers to other tort even though D did not actually intend it
- 5 torts
- Assault
- Battery
- False Imprisonment
- Trespass to Land
- Trespass to Chattels
- Types of transfers
- Transfer of Tort
- Transfer of Parties
- Transfer of torts and parties
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Battery
- (1) D Intentionally inflicts
- (2) a harmful or offensive
- (3) contanct
- (4) with the P's person
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Assault
- (1) D's Intentional act
- (2) causes plaintiff to have apprehension
- (3) of an imminent
- (4) battery
- (5) and D has a present apprent (to P) ability to achieve battery
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False Imprisonment
Short: D intentionally restrains P in a bounded area
- (1) D intentionally
- (2) confines P (by a method of confinement (barriesrs, force, threat of imminent force, duress of goods))
- (3) within an
- (4) area bounded in all directions
- (5) with no reasonable escapse route of which P is
- (6) aware AND
- (7) P is either aware of the confinement OR is harmed by it
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Outrage (Intentional Infliction of Mental Distress)
- Extreme outrageous conduct
- intent or recklessness
- causation
- severe emotional distress
- (1) P suffers severe mental distress
- (2) caused by D's intentional or reckless behavior
- (3) the is judged extreme and outraegous
- (4) by the P AND a reasonable person
- (5) or by P alone if D knows P has a special vulnerability
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Trespass to Land
- (1) D intetional (even if reasonably mistaken)
- (2) physical invation of P's land, wehter
- (3) on, over, or under the land by means of
- (4) a method of invasion (means you can't tell someone else to trespass)
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Trespass to Chattels/Conversion
Short: (minor/serious) intentional intereferece with the P's personal property
Both:
- (1) D's intentional (even if mistaken)
- (2) use or intermeddling in chattel in P's
- (3) possesion
- (4) such that the chattel is impaired in its condition, quality, or value OR
- (5) P is deprived of the chattel's use for a substantial time
Tres to Chattel: Minor, only repair or rental cost + consequential damages
Conversion: Major, forced sale (FMV) + consequential damages
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Privileges (defenses) to intentional torts
- 1) Consent
- 2) Defense of Self
- 3) Defense of Others
- 4) Defense of Property
- 5) Recapture of Chattels
- 6) Shopkeeper's Privilege
- 7) Private Necessity
- 8) Public Necessity
- 9) Authority of law (privilege of arrest)
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Consent
- (1) williness in fact (subjective) OR
- (2) apparent consent (objective)
Consent destroyed? Fraud, D's non-disclosure of material facts, P withdraws consent, consent is limited in scope (time, subject matter, or location)
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Defense of Self/Others
reasonable force used to protect oneself against threat of bodily harm from another person
P may be attacker or bystander (transfered privilege) AND D must believe and a reasonable person would have believed the threat is real. (Reasonable mistake IS allowed)
Deadly force OK for deadly attack
Others? Same as self, but for another person
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Defense of Property
- (1) Reasonable (but never deadly) force to
- (2) protect real property from intrusion OR
- (3) personal property from seizure OR
- (4) to eject plaintiff from D's real propert IF request to leave is made or would be ineffectual
Reasonable Mistake IS NOT allowed
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Recapture of Chattels
- (1) reasonable (Not deadly) force to
- (2) recover D's personal property from P and
- (3) D acts in hot pursuit
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Shopkeeper's Privilege
- (1) D shopkeeper's privlege to use
- (2) reasonable (not deadly) force to
- (3) detaim P for a reasonable time
- (3) for a reasonable investigation of possible shoplifiting
- Must have PC that D stole merchandise, and must be caught in detained in store's premises
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Private Necessity
- (1) D's Privilege to intrude on P's Property
- (2) in order to prevent a greater loss to D's own interest in person or property
D must pay damages for any harm
No right to eject or defend
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Public Necessity
- (1) D's privilege to intrude on plaintiff's
- (2) property intereets in order to prevent a greater loss
- (3) to entire community or persons
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Authority of Law (privilege of arrest)
- Felony
- Police - Reasonable force (necessary deadly force); reasonable belief felony was commited and D did it
- Citizen - Same, but must hae occured and D reasonably believes P did it
- Misdemeanor
- Both - Reasonable force, not deadly. Only for breach of peace commited in D's presence.
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Fraud
- Clear cogent and convincing evidence that:
- (1) D made an intentional misrepresentation
- (2) of false or material fact to the P
- (3) which induced justifiable reliance by the plaintiff in ignorance of its falsehood
- (4) resulted in injury
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Intereference with a business relationship
- (1) existence of vaid K relationship between P and 3rd party or a valid business expectancy of P
- (2) D's knowledge or the relationship or expectancy
- (3) intentional interference by the D inducing a breach or termination of the relationship or expectancy
- and (4) damages
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Defamation
- (1) False and defematory statement
- (2) about the P
- (3) published to a third party
- (4) resulting in damage to the P's representation
- (5) Private figure - negligent; public figure - malice, i.e. knowing
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Wrongful Appropriation of a photo or name
- (1) Unauthorized use by D of P's pic or name
- (2) for D's commercial advantage
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Public Disclosure of Private Facts
- (1) Publication or public disclosure
- (2) by the D of private information about the P
- (3) and that the matter made public is such that a reasonable person of ordinary sensibilities would object to having it made public
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False Light
- (1) Attributes P views he does not hold or actions he did not take
- (2) which are objectionable to a reasonable person under the circumstances
- (3) publicity
- (4) private interest? no malice; Public interest? requires malice
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