Intentional Torts And Privileges
	Prosser, Wade, & Schwartz's Torts:  Cases & Materials 9th Edition
	John W. Wade, Victor E. Schwartz, Kathryn Kelly, David F. Partlett

	1) Axn
	2) Intent to cause h/o contact / imminent apprehension
		1. Desire/purpose OR
		2. Know w/substantial certainty
	3) Results in h/o contact
		1. Contact may be an obj. close to P

	1) Intent (desire/kwsc) to cause h/o contact / imminent apprehension
		1. Well founded rsbl apprehension
		2. May not need actual capacity
	2) Axn by D
		1. Must B overt/offer
		2. Words can defuse but not if it reqs you to buy safety
	3) Results in imminent apprehension

False Imprisonment
	1) Axn by D
		1. If theres rsbl & safe escape, no F.I.
	2) Intent (desire/kwsc) to confine P / 3rd party
	3) Conscious of confinement / harmed by it
	4) Results in confinement of P
		1. Apprehension of Force (explicit/implicit) 
		2. Retention of Property is enough restraint
		3. Physical Barrier
		4. Force
		5. Imminent threat of harm to property/immediate family
		6. Assertion of Authority
		7. Failure of release when theres duty to do so

Intentional Infliction of Emotional Distress
	1) Extreme & Outrageous Conduct
		1. Beyond all bounds of decency
		2. Big obj. test of rsblness
	2) Intentionally/Recklessly causes
		1. Recklessness--disregard of high % that severe emotional 
		will occur
	3) Severe emotional distress
	4) 3rd Party, h/she should B
		1. Present
		2. Immediate family / suffer bodily harm

Trespass to Land
	1) Intent to enter land in possn of another / causes a thing / 
	3rd person to 
	do so
	2) Damages are nominal
	3) Things req. actual damage like pollution

Trespass to Chattels
	1) Impairment to chattel
	2) Can't use chattel
	3) Bodily harm
	4) Intermeddle intentionally
	5) Disposses / deprive the owners possn
	6) No nominal damages for harmless trespass

	1) Intent to interfere should be complete and substantial to 
	justify a sale
	2) Bad faith
	3) Complete deprivation
	4) Unjustified intent to assert a right
	5) Complete value
	6) Access to something which is needed for the operation / poss'n 

	1) Explicit
	2) Implied
		1. Rsbl impression by axn
		2. Words/deeds which rsbl person would expect
		3. When injured to the pt. of unconsciousness & reqs 
		attention for life / limb
		4. If in the course of operation, unanticipated cond. 
		which imperils 
		life/ limb near the area of operation then can operate on it
		5. If no immediate removal would necessitate a sep. 
		which may unduly threaten the patient then can imply consent
	3) Mistake of Facts
		1. Not liable unless D knew mistake of facts
		2. Not liable unless D induced P by misrepresentation
	4) No Good
		1. Duress
		2. Threat of force to person in immediate family
		3. Drastic circumstances
	5) Illegal Activity
		1. Maj. say that consent is not a defense so parties are 
		liable to 
		each other
		2. Min. say that consent is defense so parties can't recover
Self Defense
	1) If rsbly believe that they are unrsbly attacked, then can use 
	rsbl force 
	to protect yourself
		1. Protect from force
		2. Imminent apprehension of force
		3. False Imprisonment
	2) Force must be rsbl
		1. Rsbl under circs
		2. No deadly harm unless life/serious limb threatened
		3. Cannot retaliate
	3) Must retreat if A threatens w/deadly force
	4) Rsbl mistake is allowed
	5) D isn't privileged to defend against privileged force unless 
	the others 
	privileged force is based upon a rsbl mistake not caused by D
	6) Self-defense transfers over with torts to 3rd party 
	situtation, unless 

Defense of Others
	1) Rsbl force under circs
	2) Rsbl mistake under circs
	3) Maj. say that if 3rd party intervenes & mistakenly helps 
	privileged force, the 3rd party is still liable even though it 
	may have been 
	a rsbl mistake

Defense of Property
	1) Rsbl force under circs
		1. No deadly force
		2. Less force than is needed to protect people
	2) Can't use force in substitute if you couldn't use when present
	3) Traps arent discriminating so its problematic
		1. Entirety of what you are guarding v. entirety to harm
	4) Rsbl force allowed for prevention of crime

Repossesion of Property
	1) Can repossess if done w/o unnec. force/violence
	2) Prompt & immediate hot pursuit nec.
	3) Liable if mistake occurs rsbl/not
	4) Repossession of property peacefully in installment sale trxn
	5) Can detain a person on premise if person rsbly believed to 
	have taken 
	chattel unlawfully for rsbl investigation

Public Necessity
	1) Apparent nec. is enough
	2) No need for compensation
	3) Private citizen can act for pub. nec.
Private Necessity
	1) Although has the right to stay, must compensate
	2) Tort may be unjust enrichment
	3) If disproportionately harms, priv. nec. doesnt apply

	1) Only if no traditional defenses can't be used

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