To rehash what we've learned so far in Torts, I will give short examples of each intentional tort. This is beneficial to me as well as you. By writing this, I help myself study what's been discussed so far. By reading this, you essentially go to law school for free. In the end, we're all happy.
Battery--I intentionally beat you with my bat and make you cry like a little sissy. My intent was to cause harm and severe harm was caused. I've committed a battery.
Assault--I intentionally make you think that I'm going to beat you with my bat and make you think that you're gonna be in severe pain...and I'm capable of doing so. I've committed an assault.
False Imprisonment--After I beat you with my bat, I toss you inside my fenced-in yard. I hire snipers to make sure you don't get out. You're under the assumption that if you leave, you'll be shot. I've committed false imprisonment.
Intentional Infliction of Emotional Distress--Your mother watches me beat you with the bat. I'm aware of this and keep chuckling as I do so. Your mother had emotional breakdowns which led to a blood cot in her big left toe. I'm now liable for action under IIED.
Trespass to Land--I walk onto your land, but I thought it was my own. Who cares? I still had the intent to walk on the land. I've trespassed on your land. Now, if I shoved Johnny onto your land, he has not trespassed. However, I still have trespassed due to transfer of intent through the actor.
Trespass to Chattel--A bunch of people would like to beat you up because you're a moron. You own a bear for self protection. I kick the bear in his huevos. The bear can no longer protect you for a period of 3 weeks due to my action. I have trespassed on your chattel.
Conversion--After all of these verbal beatings I've placed on you, you now are in the hospital. I sneak into the hospital, take your records, alter them for you to undergo a vasectomy, and replace them. You are now shooting blanks due to the converted documents. I'm liable for conversion.
Lesson finished. Time to go onto another subject...
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4 comments:
Watch it with the vasectomy comments...
Bears are my friends.
Vasectomies are cool, if your name is Joey.
You forgot to mention if the bear still had its teeth or claws. If you wrestle it and the bear wins is it still trespass by chattel?
Unlike the other intentional torts, trespass to chattel requires proof of dispossession or damages to the chattel. So, if the bear kicks my ass and comes away with no scratches and is able to continue to performing his duties without interruption, then no trespass to chattel can be recovered from. Then again, just like anything else with the law, it depends on the judge and/or instructions submitted to the jury.
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