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Intentional Torts Cheat Sheet by

UCF Intentional Tort Law

Battery

Undertook an act
with intent, effecting a
harmful or offensive
touching
Substa­ntial Certainty: The act was near certain to occur

Assault

Undertook an act
with intent, effecting
the immediate appreh­ension of
a harmful or offensive
touching
Intent: The defendant must intend to cause an assault

False Impris­onment

Intent­ionally
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 Land

Intent­ionally
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 Torts

Consent
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.

Cases

Battery
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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  • Published: 6th February, 2019

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