Torts: Tort Law and Reasonable Belief Essay

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Torts
Intentional Torts
Catalog of Intentional Torts (always need intent +causation)
Affirmative Defenses
Battery
Assault
False Imprisonment IIED
Trespass
Trespass to Chattels
Consent
Necessity
Privileges
1)Harmful or offensive touching
2)w/ π’s person.
Defense: consent
1) reasonable apprehension of
2)immediate battery
1) Act of restraint
2) π confined to bounded area
3) no reasonably discoverable reasonable means of escape
Shopkeeper’s defense: reasonable belief it was necessary for reasonable period of time.
1) Intentional or reckless
2) extreme &outrageous
3) π suffered severe emotional distress
4) actual damages
Physical invasion onto
Land
Intentional interference with π’s personal property
Relatively small harm
Capacity req’d

1)Express: words
2) Implied:
Common custom
3) Body Language: reasonable interpretation of objective conduct

Public: in an emergency to protect community absolute defense.
Private: personal EE to protect own interest. Not tort, but liable for damages.
Self Defense

Reasonable belief will be attacked

Conversion:

∆se of others

Significant enough interference to justify recovery of whole price.
(∆ retains property)

Reasonable belief 3rd person could have defended

∆se property

First must request desist.
Negligence
Duty of Care
Breach
Causation
Harm
Whom Owed: Forseeable Victims. Exceptions: rescuers, creation of peril, relationship
Standard: Care of a reasonably prudent person under the circumstances
Customization: allowed for

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