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Welcome to my Law blog specifically intended as an aid to law students. I will post comments and white papers, from time to time, and I am happy to carry on conversations with students who are in need of help in law school.


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I am a Professor of Law at Concord Law School, an Internet Law School located in Los Angeles, though I live, teach and otherwise work out of Lakewood, Colorado, resting up against the foothills just west of Denver.

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Thursday, February 4, 2010

2 - Intentional Torts - Specific Torts (Definitions)

2 - Intentional Torts – Specific Torts (Definitions)

PLEASE NOTE THAT THE FOLLOWING IS TAKEN FROM SOME OF MY CLASS NOTES, SOME OF WHICH IS MY OWN PERSONAL WORK AND SOME OF WHICH BELONGS TO CONCORD LAW SCHOOL.  IT IS POSTED TO HELP MY IL STUDENTS IN PARTICULAR.  IT CANNOT BE DISSEMINATED WITHOUT EXPRESS, WRITTEN PERMISSION.

Remember, as we look at specific intentional torts, that there are certain elements that are common. Some are common to all intentional torts and some are common to some of the intentional torts.

The elements that are common to all intentional torts are volitional acts, intent, causation and injury. Damages are not required for assault, battery, false imprisonment or trespass to land.

Specific Torts

First, let’s look at all of the definitions, BUT REMEMBER, USING THE IRAC MODEL FOR TEST TAKING, DO NOT LIST THEM ALL AT ONE TIME.

1.  Assault: Volitional act done with the requisite intent which causes the plaintiff to suffer reasonable apprehension of an immediate battery.

2.  Battery: Volitional act done with the requisite intent which causes the plaintiff to suffer harmful or offensive contact (without consent or privilege).

3.  False Imprisonment: Volitional act done with the requisite intent which causes the plaintiff to be confined to a bounded area.

4.  Intentional Infliction of Emotional Distress: Volitional act done with the requisite intent which amounts to extreme and outrageous conduct and which causes the Plaintiff to suffer severe emotional distress.

5.  Trespass to Land: Volitional act done with the requisite intent which causes a physical invasion of plaintiff's land.

6.  Nuisance:

     (1) Private: Volitional act done with the requisite intent which causes a substantial and unreasonable interference with the plaintiff's use and enjoyment of his/her land.

     (2) Public: Volitional act done with the requisite intent which unreasonably interferes with the health, safety or property rights of the community at large.

7.  Conversion: Volitional act done with the requisite intent which causes the destruction of or serious and substantial interference with plaintiff's chattel.

8.  Trespass to Chattel: Volitional act done with the requisite intent which causes an interference with plaintiff's chattel.
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Defamation, Privacy, Deceit/fraud, Injurious falsehood, and Intentional interference with contract (prospective business advantage) are sometimes listed with the intentional torts and sometimes in different places: special torts or quasi-intentional torts.  I will deal with them later.

Next, we’ll expand on each intentional tort, listed above.

Professor Doug Holden
© 2010. Douglas S. Holden. All Rights Reserved.

5 comments:

  1. Hi Prof. Holden.

    What is the exact difference between INJURY and DAMAGES in Intentional Torts?

    ReplyDelete
  2. Good question. Obviously they go a bit hand in hand. Injury is the physical or emotional harm that one suffers at the hand of another -- a broken arm. Damages are the costs of the injury to the victim. IOW - what is it worth to the victim, generally in terms of dollars and cents.

    I hope this is helpful.

    Professor Holden

    ReplyDelete
  3. Professor Holden:
    We talked about 11 Intentional Torts in class last night: assault, battery, false impr, emotional dis,
    t-land, nuisance, conversion, t-chattel, fraud, prospective advantage & contractual relations.

    On another post I found that prospective advantage & contractual relations are combined. Are these separate?

    Also, are the following not included?
    defamation, privacy, injurious falsehood
    They were also listed as upcoming on the blog.
    I just wanted to make sure.

    Thank you.
    Debbie Hogan

    ReplyDelete
  4. It doesn't matter if you combine those or not. The important thing is to know them. Defamation etc. are probably best described as quasi-intentional torts. I wouldn't include them in intentional torts on your outline, but rather put them in a separate category. If you want to include them, that is really no problem, though. The important thing is to know them. No one will ask you to list all of the intentional torts on an exam.

    I hope this helps.

    ReplyDelete
  5. Hi Professor am from kenya may you give out the specific defences for intentional torts

    ReplyDelete