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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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