Exam 3: Intentional Torts

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Only owners of property can recover for trespass to chattels or conversion.

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If Bob threatens to have his dog attack Sharon, he commits the tort of . According to the doctrine he will be liable for if the dog misunderstands and attacks Sharon instead. If he fires a gun and a bullet goes across Sharon's land, he commits the tort of , but if the bullet hits the window in Sharon's barn he commits the tort of . If the bullet hits the hay in Sharon's barn causing it to catch fire and burn down the barn, he commits the tort of .

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assault, transferred intent, battery, trespass to land, trespass to chattels, conversion

What are two things an individual must show if he or she claims the right to use force to regain possession of chattels?

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Any two of the following:
First, under limited circumstances, a property owner may use force to regain possession of chattels taken from the property owner by someone else. To claim this defense, the owner must first show that he or she used reasonable force in securing the chattels. Deadly force is never allowable unless justified under the doctrine of self-defense. Second, the property must have been wrongfully taken. Third, the property owner must be in "fresh pursuit."

Common carriers and public utilities are held to a lower standard of care than the rest of the populace in infliction of mental distress cases.

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Consent cannot be used as a defense unless the plaintiff had the to give consent and gave the consent .

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Some intentional torts are crimes as well.

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Some courts require a plaintiff to suffer physical harm before being allowed to recover for infliction of mental distress.

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A defendant can use deadly force to defend his or her home when he or she believes _, and that _.

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A conversion can be committed by transferring chattel to someone not entitled to such chattel.

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A defendant must actually be harmed to claim self-defense.

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A defendant who commits a trespass to land is liable only for those damages that are foreseeable.

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To be held liable for an intentional tort, the defendant must be shown to have intended to harm the plaintiff.

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If an individual uses force to regain possession of chattels, he or she must be able to prove that and that .

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A property owner may never use deadly force to protect property.

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Consent can be inferred from custom or from a person's conduct.

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A defendant can use force only in response to imminent threats.

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The classic case of Katko v. Briney illustrates the principle that mechanical devices are generally allowed to defend property.

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In what way does the issue of false imprisonment arise in cases of suspected shoplifting?

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Deadly force can be used to prevent certain types of felonies.

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A police officer can be held liable for false imprisonment if the police officer unlawfully arrests someone even if he or she does so in good faith.

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