TORTS
I. Intentional Torts:
To person:
1. Battery: Prima facie case
Actor A is subject to liability to person P for Battery if:
A acts;
intending to cause;
harmful contact with P or (includes anything connected with P’s body)
contact with P that is offensive (un-permitted contact)
A’s act causes such contact
Knowledge not needed, but is sufficient
Judged through “reasonable” standard
2. Assault: Prima Facie case
Actor A is subject to liability to person P for Assault if:
A acts
intending to cause P the apprehension of (does P have a reasonable apprehension)
imminent harmful contact with P; or
imminent offensive contact with P and
A’s act causes P reasonably to apprehend an imminent harmful of offensive contact with P. (need immediacy)
Judged through “reasonable person” standard
Words can undo conduct and any reasonable apprehension
Words coupled with conduct is enough, however words alone are not enough
Conditional threat is sufficient
For Battery and Assault, the transferred intent doctrine will apply. Thus, an actor may be liable for any tort committed, if it causes damages to another person, or causes damages for another tort different from the one originally intended.
3. False Imprisonment: Prima facie case
Actor A is subject to liability for False Imprisonment if:
1. A acts
2. intending to confine P
3. A’s act causes P to be confined, and
4. P is aware of her confinement
In order to establish confinement of restraint, one may use 1) physical barriers, 2) physical force (at P or member of immediate family), 3) direct threats of force (against P or member of immediate family), 4) indirect threats of force (against P or member of immediate family), 5) failure to provide means of escape (need assistance of A) and 6) invalid use of legal authority.
Judged through the “reasonable person” standard
Shopkeepers may detain suspected shoplifters only if 1) reasonable belief of theft; 2) Detention conduct in a reasonable manner with non-deadly force and 3) detention must be only for a reasonable period of time and only for the purpose of making
ted with the purpose 2) act with the knowledge that with a substantial certainty or 3) recklessly engaged in it.
If recklessness is alleged: Do not need directed requirement
Fall back tort: if you cannot make out prima facie case for another intentional tort, and the conduct is as described above, courts will hold liable for this.
To Property:
1. Trespass to Land: Prima facie case (STRICT LIABILTY!!!)
Actor A is subject to liability for trespass to land if:
A acts;
intending to bring about physical invasion of plaintiff’s real property.
A does not have to go onto property, can push another person onto it
Even though A does not have to enter property, an object must. (Rock qualifies, loud music does not)
Land includes reasonable amount of space above and below the surface.
Anyone in actual or constructive possession may bring action.
