Law 19983 on

Classified in Law & Jurisprudence

Written at on English with a size of 4.9 KB.

Write your text here!

The fact pattern suggests that P conceivably may have claims for intentional tort against the D. In order to establish a claim of battery, the plaintiff must establish on preponderance of evidence, each element of the tort. These include, (1) Act (2) With intent (3) To cause contact (4) That is harmful or offensive (5) The act causes the contact. 

The element of intent can be established if the D committed the act for the purpose of causing the harmful conduct or had knowledge of facts that would lead to substantial certainly that the contact would occur. In states of Single intent, the plaintiff only needs to prove that defendant intended to touch, while in dual intent states, P also needs to be prove that the D intended to cause harm or offend. The harm includes infliction of pain or injury, and offence conduct.  Battery can be committed by transferred intent and is not limited to contact with actual body but also contact with object closely attached to individual. Damages for battery are recoverable despite P not suffering physical harm.

oAn offensive touching can occur if the tortfeasor has knowledge of person’s unusual susceptibility and violates it. Look from reasonable standard.

Assault, P must establish (1) act by the D (2) with intent (3) to create fear or apprehension (4) of imminent harmful or offensive conduct. It does not require actual contact or physical harm, as reasonable fear will suffice. Additionally, it must appear to the P, that the harm being threatened is imminent, and that the D has the present ability to carry out the threat.  

False Imprisonment, P must establish (1) Act with intent (2) to confine P (3) to an area the bounds of which are set by D (4) P is aware of confinement or harmed thereby. In order to establish intent, P must show that D either intended to confine him, or at least that D knew with substantial certainty that P would be confined by D’s actions. The confinement can result from physical barriers, physical force and threats of implicit or explicit physical force.  The P must be with aware of the confinement, or must suffer some actual harm.

Trespass to Land, P must establish (1) Act (2) Intent to (3) without permission (4) entry can be on, over, or under the land. The intent differs from battery, assault of FI, as this tort can be described as a strict liability tort. A defendant can commit the tort without being aware of the invasion of another’s interest. The possession can be actual or constructive as long lawful possessor. The D is labile at least for nominal damages even if no physical harm is done, and with physical harm, compensatory damages for loss of use and emotional distress. Injunction & Punitive also possible.

oIntent: enter the land possessed by another, cause something to enter the land of another, fail to remove something from the land of another.

Trespass to Chattels, involves any intentional interference with a person’s use or possession of chattel (physical or real that is owned). The P must establish, (1) D intentionally and (2) without justification or consent (3) physically interfered with the use and enjoyment of personal property in the P’s possession (4) the plaintiff was harmed thereby. Similar to trespass with land, interest protected is possession and can occur innocently.

oIf P looses possession of chattel, can recover even if returned unharmed

Conversion of Chattels is an intentional interference with P’s possession or ownership that is so substantial that D should be required to pay property’s full value. Elements include, (1) Act (2) Intended to use chattel in way that interferes with possession by law full owner (include innocent). Substantial requires analysis of (i) Extent and duration of control (ii) D’s intent to assert a right to property (iii) d’s good food (iv) harm done (v) express or inconvenience caused.  Damages include full value of chattel at time of conversion or possible injunction.

oX Steals and sells to Y à X & Y are both convertors liable.  

Entradas relacionadas:

Tags:
Law 19983 on