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BatteryUndertook an act
with intent, effecting a
harmful or offensive
touching |
Substantial Certainty: The act was near certain to occur AssaultUndertook an act
with intent, effecting
the immediate apprehension of
a harmful or offensive
touching |
Intent: The defendant must intend to cause an assault False ImprisonmentIntentionally
Confined the plaintiff; and
plaintiff was aware of the confinement |
Awareness exception: If the plaintiff is harmed, this requirement is waived. Outrage (IIED)Intentionally or Recklessly
by extreme or outrageous conduct
inflict severe emotional distress |
Intent: Does not transfer
Abusive language: When there is a persistent stream of insults or demeaning behavior; OR patrons harass innkeepers or caretakers. Trespass to LandIntentionally
caused by an intrusion
plaintiff's real property |
Intent: The defendant only need to intend to do the action that resulted on the plaintiff's land. Accidents do not count.
*Real Property: A inverse-pyramid from the core of the Earth to the sky defined by the property line. Defenses to Intentional TortsConsent
Express: Directly expressed from plaintiff to defendant
Implied: Circumstances, custom, context, and culture
Self-Defense
Defense of Others
Necessity
Public: Protect the whole from some danger
Private: Protect certain persons from danger |
| | Professor Dobbs' "Four markers of outrageousness"Abusing one’s position over or power with respect to the plaintiff. | Taking advantage of a plaintiff that the defendant knew to be particularly vulnerable. | Repeating offensive conduct in a situation where the plaintiff is not, as a practical matter, free to leave. | Perpetuating or threatening violence against a person or property in which the plaintiff is known to have an interest. |
CasesBattery | Leichhtman v. WLW Jacor | | | Fisher v. Carrousel Motor Hotel | False Imprisonment | Sousanis v. Northwest Airlines | Outrage | Wilson v. Monarch Paper Co | | | Dzamko v. Dossantos | --Supreme court cases | Hustler Magazine Inc v. Falwell & Snyder v. Phelps | Trespass to Land | Boring v. Google | Defenses | Koffman v. Garnett | | | Katko v. Briney |
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