Torts
Introduction
A tort is a civil action for money damages for a private injury.
Intentional Torts
An intentional tort must have a volitional action committed. The action must be intentional; however the resulting harm need not be intentional.
Transferred intent: intent may be transferred from one potential victim to another. Likewise, intent may be transferred from one intentional tort to another.
Battery
Battery is intentional harmful or offensive contact with the "plaintiff."
"Plaintiff" could be the person or property that is in contact with the person.
Assault
Assault is an intentional act causing a reasonable apprehension of an imminent battery. Reasonable apprehension is an uncomfortable expectation of contact.
Trespass to Land
Trespass to land is an intentional physical invasion of the plaintiff's land.
Trespass to Chattle
Trespass to chattle is an intentional minor interference with the plaintiff's chattle.
Conversion
Conversion is a substantial intentional interference with the plaintiff's chattle, warranting a forced sale.
The difference between a minor intereference and a substantial interference is determined by facts and circumstances such as the duration and scope of the interference.
Intentional Tort Defenses
Consent
Valid implied or express consent by one with capacity to give consent.
Defense of Self
Reasonable, proportionate force to prevent an apparent tort to self.
Defense of Others
Reasonable, proportionate force to prevent an apparent tort to another.
Defense of Property
Reasonable, proportionate (nondeadly) force to prevent an apparent tort to property.
Recapture of Chattle
Prompt, reasonable force by one wrongfully dispossessed of property to regain possession.
Necessity
Right to reasonably destroy property to prevent a private or public emergency.
Arrest/Authority of Law
Right to use reasonable force for or to prevent a felony (force may be deadly) or a misdemeanor (force may not be deadly).
For a misdemeanor, this defense is available only for those that were present at the commission of the misdemeanor.
For a felony, this defense is available only for those that have a reasonable belief of the commission of the felony.
Negligence
Negligence is defined as an act or omission which constitutes a breach of some duty recognized by law, which is the cause in fact and a proximate cause of some damage to another.
Duty
If one does not act, there is generally no duty. Exceptions:
- Special relationships (e.g., lifeguard, family member)
- Common Carrier or innkeeper have a duty to rescue/protect
- If one has put another person in danger by their negligence, s/he has a duty to save or rescue that person
If one acts, generally s/he must act as a reasonably prudent person acting under the same or similar circumstances. This is the reasonable person standard. There are special standards that are applied instead if they fit the situation:
