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let's talk about torts for a moment delicious delicious torts
no, not the pastry kind, the legal kind
a tort is something you sue someone for doing to you
it's not very delicious at all
one kind of tort is the intentional kind: this is it something you intend
to do to another person that causes damage now you don't necessarily need to intend to
cause the specific harm that they sue you for, you just need to attend to
affect the other person and harm needs to result from your actions so if you
intend to give them a good scare and they have a heart attack and die you
don't get off the hook because you didn't intend to kill them if you do
something and a harmful result is possible but not substantially certain you can get in
trouble for acting recklessly but you wouldn't get in trouble for acting intentionally
you can even intend to commit one tort against someone and get
sued for a different one do you accidentally commit in the process
so what are a few common intentional torts first there's battery
...no, battery is the intentional infliction of harmful or offensive contact
you can't sue over ordinary and reasonable contact though
even if you personally find it offensive
assault is, no... assault is something that gets mixed up with battery a lot
where battery is harmful or offensive contact assault is
giving someone the reasonable belief they were about to make harmful or
offensive contact with them you'll note that I said reasonable
if most people wouldn't think they were about to be touched
then you can't sue for assault you'll also note that I said
the belief has to be that they are about to be touched
you can't be assaulted if the contact could come at some later point
most states have a rule that words alone aren't enough to justify believing you're about to be touched
assault is different than attempted battery
attempted battery is attempting to cause contact and failing where assault is
intending to make someone think you were trying to harm them even if you never meant to
false imprisonment is where you confine someone against their will
the confinement has to have definite physical boundaries and the trapped person
can only sue for false imprisonment if there are no reasonable means of escape
I said reasonable means of escape you can even be falsely imprisoned if the
only thing holding you there are threats of harm in the near future
finally we turn to intentional infliction of emotional distress
the name kinda says it all
it's where you intentionally inflict emotional distress not just anything counts
the conduct needs to be so extreme and outrageous that it
goes outside all bounds of decency
it's a tough test to meet one of the more famous cases where someone told
a woman as a practical joke that her husband horribly injured and was near
death so she had nervous collapse the victim can recover if they just happen
to be very sensitive and they also have to show that they actually suffered
distress not just that what happened to them was really horrible so being very
thick skinned would hurt your ability to recover
you can be sued for things you intentionally do to property
as well as for things you intentionally do to people
one tort about property is trespass there's trespass to land and trespass to channels
chattels is just ye olde English for movable property
trespass to land is when you enter someone else's land without permission
or when you enter with permission but you don't leave when the permission ends
you can't be sued if you didn't enter the other person's land on purpose but
you can be sued if you enter the land on purpose but
mistakenly think you're not trespassing
you don't even need to enter the land personally to cause a trespass if you
cause another object to enter the land then you've still trespassed
it used to be that your land rights extended upwards to the heavens and down into the earth
now you get rights for a short distance to the direction but nothing further
which makes sense from the perspective of the airlines
trespass to chattels is when you interfere with someone else's use of their personal property
it's not just stealing the thing because that's its own tort called conversion
for trespass to chattels you have to show that there was some damage to the owner
either from their property losing value from the owner being unable to use it for some significant period
conversion is taking something permanently it means to
convert the property from the owner's to your own which requires paying the full
value as damages it does not mean changing the property's religion
the property either needs to be taken entirely and not returned or the value
needs to have been reduced enough that it is considered the equivalent of just taking it
and there you have it