Torts MBE - Intentional Torts

Harmful or offensive contact with P's person caused by D's intentional act.
harmful and offensive - objective test based on reasoanble person standard
P's person - anything connected to P, i.e., head or bike
Causation - D's actions can directly or indirectly cause battery
Damages - P may recover damages even if no actual damage occurred

D's intentional overt act casues P to experience reasoanble apprehension of an imminent battery

Resuts when person acts:1. intending to restrain or confine2. another person3. to a bounded aread; and4. those actions directly or indirectly result in such confinement
Moral pressure or threat of future harm is not enough to consitutute restraint
length of time is immaterial (except to determine damages)
awareness - P must be aware to get damages unless suffered harm. in that case can still get damages even if wasnt aware of confinement at the time.
if reasonable means of escape, an area is not bounded

Must act:1. intentionally or recklessly (transferred intent doesnt apply)2. with extreme or outrageous conduct3. which causes P severe emotional distress

Conduct is extreme or outrageous if it exceeds the possible limits of human decency, s oas tob eentirely intolderable in a civilized society. Conduct that is not necessarily outrageous may become so if it is coninuous, directed at a group with a known heightened sensitivity, o rcommiteted by a common carrier or innkeeper and the victim is a customer.

When the Ds conduct is directed at a third person, the D is laible if he intentionally or recklessly causes severe emotional distress for:
1. member of the victim's immediate family who is (1) present at the time of the D's conduct; and (2) D is aware of such presence, whehter or not duress resulted in bodily injury; or
2. any other bystander who is presnet at hte itme of the conduct (and D is aware of presence) when the distress results in bodily injury
Causation when a bystander makes a claim fo severe emotional distress:bystander can recover if:1. P was present when the D inflicted harm2. P was a close relative to the injured person; and 3. D had knowledge of both the above facts

P must prove actual damages - severe emotional distress beyond what a reasonable person could endure, but she does not need to prove physical injury (except for liability for acts directed at third parties when third party is not a close relative)

Occurs when the D's intnetional act causes a physical invastion of the land of another. need not enter land for it to be physical invasion. but if nothing physically enters, will be nuisance (i.e., light shining in windows is nuisance, not trespass). no proof of damages required

Occurs if intentionally commit an act that interferes with P's right of posession of the chattel and causes damage. mistake is no defense, just need to intend to interfere.

Interference occurs two ways:1. dispposessing P of chattels2. using or intermeddling with P's chattels
if dispossession, prove damages by showing actual amount of damages caused or the loss of use
for intermeddling, must show actual damages

D is liable for conversion if he intentionally commits an act of possession or interference with the P's chattel so serious that he deprives the P of the chattel and must pay its full value as of the time of the covnersion
only perosnal proerpty and intangibles that have been reduced to physical form can be converted

No, accidental damage is not converrsion if D had permission to use the chattel

D interferes with P's chattel by exercising control or dominino over it. Examples of acts of conversion include wrongful acquisition, transfer, or detention; substantially changing; severely damaging or destroying; or misusing the chattel
if acquisition was not wrongful, there must be a demand for the return of the chattel before the P may sue for conversion.

1. consent2. self defense3. defense of others4. defense of property5. recapture of chattels6. parental discipline7. necessity8. privilege of arrest

Can be express or implied. Express:- consent by mistake is still valid consent unless the D caused the mistake or knew of it and took advantage- consent induced by fraud is invalid if goes to essential matter- consent given while under duress is no t valid, but threat must be present to count as duress. Not duress if threat of future action
Implied- is implied if P is otherwise silent when a reaonsable person would object- can also be implied by law (e.g., emergency surgery after accident) or implied by custom (particpation in contact sport)
capacity:youth, intoxication, and incompetence prevents a person from being able to consent