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34 Cards in this Set
- Front
- Back
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IBFATTC (iied-battery-false imprisonment-assault-trespass to land-trespass to chattel-conversion)
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7 Intentional Torts
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an intentional, harmful or offensive touching of another (actual damages NOT required)
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BATTERY (3 Elements)
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1. Purpose-
D intended to cause a harmful or offensive bodily contact; 2. Substantial Certainty- D intended to cause an imminent apprehension on P’s part of a harmful or offensive bodily contact |
(1) Intentional
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1. Direct
2. Indirect 3. Putting something in motion |
(2) Contact
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1. Harmful- any physical contact however slight- cut- bruise-burn etc- illness or communicable disease
2. Offensive- a reasonable person would be offended |
(3) Nature of Contact
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intentional attempt to make H/O contact or cause apprehension of an imminent battery
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ASSAULT (3 Major Elements)
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Intent to make contact (H/O manner) or cause apprehension (threat) of H/O contact (imminent battery)
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(1) Intentional Attempt
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The victim must have had a reasonable apprehension of the threatening touching
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(2) Apprehension
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the threat for assault must be at that moment/right away- of reasonable distance immediate time frame and reasonability
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(3) Imminent battery
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direct restraint of one person against his will by another without adequate legal justification (restraint was unlawful)
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FALSE IMPRISONMENT (4 Major Elements)
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D intends to confine P and acts knowing P will be confined
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(1) Intentional
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restraint may be actual or apparent physical barriers, physical force or threats of physical force
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(2) Direct restraint of one person
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must show evidence that P was detained against their will-No F.I if they wanted to stay
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(3) Against his or her will
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being arrested falsely or for a fake law
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(4) Without adequate legal justification
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If there is a reasonable means of exit there is no restraint- exit NOT reasonable if: escape involves offensive exposure- material harm to the clothing- danger of substantial harm to the victim- the P does not know of the exits existence and it is not apparent.
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F.I. ***Note***
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Conduct must be intentional or reckless to cause severe emotional distress
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Intentional Infliction of Emotional Distress (IIED) (3 Elements)
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The intent must be to inflict severe emotional distress OR
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(1) Intent
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To act regardless of Knowing With Substantial Certainty (KWSC) that the conduct would cause severe emotional distress OR
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(2) Knowing With Substantial Certainty (KWSC)
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D acts so recklessly that there was a high probability of causing emotional distress
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(3) Recklessly
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THERE MUST BE DAMAGES- (EMOTIONAL DISTRESS) damages of severe and emotional distress are required for this tort- it is different from the other trespass torts YOU MUST SHOW DAMAGES-stress so severe no reasonable person could be expected to endure it- some states require physical distress such as vomiting.
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IIED ***Note***
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intentional, unauthorized entering onto land of another- (may not have intentionally broke the law but you intentionally went where you went (on the property of another)
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TRESPASS TO LAND (3 Elements)
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Intentionally enter or cause something to enter the land that isn’t yours OR
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(1) Intent
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Intentionally remain on another’s land after consent or privilege is revoked (ends)- OR
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(2) Unauthorized Entering
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Failure to remove something that they are under duty to remove.
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(3) Failure to remove
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DAMAGES: nominal- to assert right of possession- compensatory-for harm done-punitive-to teach a lesson
Does NOT require actual damages A nuisance (interference with enjoyment) is not the same as a trespass (interference with possession) (mineshaft under your property=trespass/bullet traveling over property of another=trespass/utility wires above another’s property=trespass) an airflight over another’s land is RARELY trespass. |
T to L ***Notes***
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one who intentionally intermeddles (interferes) with a chattel NOT in their possession (that doesn’t belong to them) and causes damage.
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TRESPASS TO CHATTELS (3 Elements)
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enough to have intent to act upon the property
***Trespass to chattel does not require intent to do wrong |
(1) Intent
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the possessor is dispossessed of the chattel for a substantial period of time OR
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(2) Interfering with P's Possession
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chattel is damaged as to its condition quality or value OR bodily harm is caused to the possessor or harm is caused to some person or thing in which the possessor has a legally protected interest.
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(3) Damages to Property
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INTERMEDDLES(interferes) WITH A CHATTEL- includes damage to chattel, destruction, unpermitted use or movement and dispossession however brief even if it is not damaged-
MINOR INTERFERENCE: chattel messed up but the owner still keeps it/wants the item back again- retribution is the diminution (lessened) in the value plus fair market value at the time of taking. Pets are chattel and emails are chattel |
Trespass to Chattel ***NOTES***
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intentional exercise of dominion or control of the chattel of another that so seriously interferes with the possession of the chattel to justify that the actor pay the victim the full market value of the chattel. TRESPASS TO CHATTEL SO BAD THAT THE OWNER DOESN’T WANT IT ANYMORE
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CONVERSION (2 Elements)
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Intent to exercise control or dominion over the property
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(1) Intent
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Exercise of dominion/control over P’s property in a way that is inconsistent w/ P’s rights in the property & deprives P of rights in the property
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(2) Exercise Dominion
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Committed in the following ways- stealing the chattel-damaging it-using it-disposing it/wrongfully selling it- delivering it to the wrong person or refusing to give it back- if the interference has been so long or there has been so much damage done to the chattel and P does not want it back.
If you possess this personal property and it is stolen, you don’t know it is stolen… it is still conversion because you don’t need to be aware that it is stolen to have conversion. |
Conversion **NOTES***
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