Torts
Fall 2014
Professor: Christopher Woodyard
Textbook: Studies in American Tort Law by Vincent R. Johnson
Carolina Academic Press. Fifth Edition
ISBN: 978-1-161163-165-4
Intent:
1. Purpose / Desire
2. Knowledge with substantial certainty
Transfer intent:
a. If original contact meets intent standard
b. Original contact was not consented to
c. Transfer from person to person
d. Transfer from tort to tort
Intentional Torts
1. Battery
(Damages NOT needed)
Battery Elements:
1. Harmful or offensive contact
2. Intent to make bodily contact
3. Plaintiff did not consent to contact
Rule Block:
In order to recover damages from the defendant for battery, the plaintiff must prove the following elements by the greater weight of the evidence:
1) That the defendant intended to make bodily contact with the plaintiff,
2) The defendant made that contact that was harmful or offensive, and
3) The plaintiff did not consent to the contact.
Red Sentences:
· Harmful Contact — Any alteration in the structure or function of the body.
· (Contact during everyday affairs does not meet this requirement).
· Offensive Contact – Contact would offend a reasonable person’s sense of personal dignity.
· Intent: Desire/ Purpose – acts with the purpose of causing consequences, which the law forbids
· Intent: Knowledge – acts with substantial certainty that the act in question could cause prohibited results
· Contact with anything intimately connected to the person’s body is treated as part of the person. (Proximity is essential)
· Consent: can be either actual, apparent, implied by law.
o Actual — consent in fact explicit
o Apparent: consent in fact implied by plaintiff (by conduct or action)
o Implied by law: consent implied at law
Damages:
1. Compensatory Damages
2. Punitive Damages: meant to punish conduct
a. Only in highly culpable cases or certain causes of action
2. Assault
(Damages NOT needed)
Assault Elements:
1. Intent to put the plaintiff in reasonable apprehension of imminent contact
2. Defendant’s conduct put the plaintiff in apprehension of imminent harmful or offensive contact
Rule Block:
In order to recover for assault, the plaintiff must prove the following elements by the greater weight of the evidence:
1) Defendant intended to put the plaintiff in reasonable apprehension of imminent contact and
2) Defendant’s conduct put the plaintiff in apprehension of imminent harmful or offensive contact
Red Sentences:
· Imminent conduct — defined as present apparent ability to effectuate contact.
· Intent – defined as desire to put the plaintiff in reasonable apprehension of imminent contact OR know with substantial certainty that conduct would put the plaintiff in reasonable apprehension of imminent contact
· Reasonable Apprehension — defined as a reasonable expectation contact will soon occur.
· “Harmful” can be argued to includes any alteration in the structure or function of any part of the body, even if change body does not cause other harm
· Offensive” – contact that would offend a reasonable persons sense of personal dignity. Contact during everyday affairs does not meet this requirement.
3. False Imprisonment
(Damages NOT needed)
False Imprisonment Elements:
1. Defendant intended to confine the plaintiff
2. Conduct did confined within fixed area with no reasonable means of escape
3. Defendant used unreasonable force, threat of force or assertion of legal authority to
ckless Infliction of Emotional Distress ONLY)
Red Sentences:
· Extreme and Outrageous Conduct — is defined as conduct that transcends all bounds of decency, regarded as atrocious and intolerable by a civilized community
· Intent — is acting with desire to cause emotional distress or knowing with substantial certainty conduct will cause emotional distress.
· Severe emotional distress is defined as distress so severe no reasonable person could be expected to endure it and causing a severely disabling emotional response
OR
· Severe emotional distress — (NC) Any emotional or mental disorder that is severe an disabling emotional or mental condition recognized by mental health professionals
5. Trespass to Land
(Damages NOT needed)
Trespass to Land Elements:
1. Actual unconsented physical presence on or above land
a. Direct – Enters land with intent
b. Indirect – Enters land without intent
2. Intent to be present on the land
Red Sentences:
· Intent: is defined as desire to be present on land or knew with substantial certainty one would be present
· Consent: can be either actual, apparent, implied by law.
o Actual: consent in fact explicit
o Apparent: consent in fact implied by plaintiff (by conduct or action)
o Implied by law: consent implied at law
Damages:
1. Nominal
2. Punitive
a. Outrageous or malicious conduct
Mistake is NOT a defense
