Intentional Torts Cheat Sheet

A Education › Law cheat sheet in English by Nathan423

UCF Intentional Tort Law

Law Torts Intentional

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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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