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Intentional Torts
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Battery, assault, false imprisonment,
trespass to land, trespass to chattel, and
conversion.
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Battery
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The intentional unlawful, harmful or
offensive touching of the person of another.
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Assault
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The intentional threatenting of antoher with a battery and the creating of apprehension of immediate bodily harm in the victim.
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Transferred Intent Doctrine
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Applicable when a defendant, while in the process of committing a battery against one person, unintentionally causes the touching of a third person. In such a case, the defendant's wrongful intent is transferred to include the unintentional victim. The third person can therefore proeceed against the defendant on a battery theory.
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Substantial Certainty Doctrine
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Holds that werher the defendant does an act with the realization that it is substantially certain to result in a touching, the defendant is deemed to have intended the result and is liable for the battery.
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False Imprisonment
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The intentional confinement of the plaintiff by the defendant, without consent and without legal privilage.
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Tresspass to Land
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An entry upon land in the possession of another, without consent and without legal privilage.
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Tresspass to Chattel
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The intentional taking or damaging of personal property in the possession of another, without consent and without legal privilage.
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Conversion
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An intentional assumption of dominion and control over the personal property of another resulting in a substantial interference with the plaintiff's possessory rights, without consent and without legal privilage.
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Trespass Ab Initio
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An entry upon the land in pssession of antoher under a conferred legal right, and the subsequent abusing of that conferred legal right through the commission of an assault, battery, false imprisonment, or trespass.
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Private Nuisance
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Results from an act or conduct by the defendant which unreasonably interferes with the plaintiff's use and enjoyment of his or her property.
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Public Nuisance
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Results from an act or conduct by the defendant which is injurious to the public in general.
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Defenses of Intentional Torts
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Consent, self-defense, defense of others, defense of property, prevention of crime, recovery of property, legal authority, and necessity.
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Consent
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Relates to the plaintiff's state of mind and the existence of express or implied willingness that the defendant should act in the complained manner.
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The Defense of Self Defense
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Relates to the general proposition that a person who reasonably believes himself to be threatened with immediate bodily harm may use whatever degree of force is apparently necessary to protect himself or herself.
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