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Torts
John Marshall Law School, Chicago
Bode, Dawn

Outline

Intentional Torts (7 types)
Battery—gives the right to be left alone
Must be Liable-If you do not have liability, you cannot have damages
· Intentional- objective not subjective (direct & circumstantial evidence)
o Purposeful desire
o Act is substantially certain to result in harmful or offensive contact
§ Snyder v. Turk
§ Garratt v. Dailey
o Transferred intent
§ Intends a tort on one person, but commits it on another
· Hall v. McBryde
§ Tortfeasor intends one tort but accomplishes another
· Harmful or offensive
o Slight harm is enough
§ Nominal damages are available
o offends a reasonable sense of personal dignity
§ contact that is not permitted
· Cohen v. Smith
· Leichtman v. WLW Jacor Communications
o Causes pain or bodily damage
· Contact
o Does not have to be actual contact, can be an extension
§ Connected to your person (in your hand, touching your body)
§ You do not have to be aware
§ Tort can be committed directly or indirectly
o P does not have to be aware it happened
§ Ex) kissing someone while asleep
· Not protected by privilege, consent, or other defense
o Mentally disabled
§ Not an absolute defense to liability but it might make it harder to show intent
· White v. Muniz
§ Policy Reasons (for liability)
· Victim vs. wrongdoers (victims would have no redress)
· Relatives should be lead to restrain
· To discourage faking
o Children
§ Need to be old enough to form intent (7yrs)
§ No liability to sue parents unless provided for
§ Can’t escape liability merely because of age

Assault-a touching of the mind; often occurs just before a battery; crime and civil tort
· An act by the D
o Words are never enough (1st amendment considerations)
§ Shake a fist, aim a weapon, rise in advance to strike
o Often occurs just before a battery
o Does not require contact
· Intent
o Purposeful intent, Substantial Certainty
§ A desire for the result/ or substantial certainty that it will occur
§ D knows or should know the act will result in assault
o Transferred intent
§ Intent to commit torts of battery, false imprisonment, trespass to land or chattels also satisfies intent for assault
o Malicious motive is not the same as intent, but it can be evidence of it
· Places the victim in immediate apprehension
o Immediate; Not removed in time, about to happen, no significant delay

Take wallet or passport, but you can otherwise leave
§ Improper assertion of authority
· You are arrested or ask police to confine another
o McCann v. Walmart
§ Physical force
· Actual contact
o Confinement Must be complete/have established boundaries
§ Actual physical restraint is not required
· Barring someone from a location is not imprisonment (could be discrimination)
· To clear your good name would not suffice
§ No known escape
· Victim does not have to endanger or embarrass themselves to escape confinement
· If you came in through a door, you are not required to leave through a window
· Damages
o Dependant on amount of time or
o Actual harm suffered if unaware of confinement
§ Otherwise awareness is required at the time you are being confined
§ P must prove awareness or harm to collect damages
· Public necessity is not a defense
· Exceptions:
o Shop keeper
§ Must show restraint was justified
o Police Officers