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Torts Lecture Nineteen Intentional Torts: Battery, Assault, False Imprisonment, Intentional Infliction of Emotional Distress, Trespass, and Conversion
This conversation provides a comprehensive overview of intentional torts, focusing on the essential elements of various torts such as battery, assault, false imprisonment, and intentional infliction of emotional distress. It also explores property torts like trespass and conversion, and discusses critical defenses that can negate liability. The discussion emphasizes the importance of understanding intent, the nuances of each tort, and the implications for legal practice and exam preparation.
Takeaways
Intent in tort law isn't always about malice or being evil.
The intent required is simply the intent to enter, not to trespass.
You must actually and reasonably believe that another person is imminently going to cause harm.
The law strongly discourages self-help that could lead to violence over property disputes.
Public necessity is a complete defense, while private necessity is not a complete defense.
The defendant must pay for any actual damage caused during private necessity.
The specific intent to permanently deprive is crucial for civil theft claims.
These defenses can completely negate liability, even if every element of the tort is present.
Understanding the nuances of consent and self-defense is vital for legal practice.
Keep digging, keep learning, as the principles evolve with technology.
intentional torts, tort law, battery, assault, false imprisonment, emotional distress, trespass, conversion, legal defenses, law school
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By The Law School of America
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4242 ratings
This conversation provides a comprehensive overview of intentional torts, focusing on the essential elements of various torts such as battery, assault, false imprisonment, and intentional infliction of emotional distress. It also explores property torts like trespass and conversion, and discusses critical defenses that can negate liability. The discussion emphasizes the importance of understanding intent, the nuances of each tort, and the implications for legal practice and exam preparation.
Takeaways
Intent in tort law isn't always about malice or being evil.
The intent required is simply the intent to enter, not to trespass.
You must actually and reasonably believe that another person is imminently going to cause harm.
The law strongly discourages self-help that could lead to violence over property disputes.
Public necessity is a complete defense, while private necessity is not a complete defense.
The defendant must pay for any actual damage caused during private necessity.
The specific intent to permanently deprive is crucial for civil theft claims.
These defenses can completely negate liability, even if every element of the tort is present.
Understanding the nuances of consent and self-defense is vital for legal practice.
Keep digging, keep learning, as the principles evolve with technology.
intentional torts, tort law, battery, assault, false imprisonment, emotional distress, trespass, conversion, legal defenses, law school
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