TORTS 1 GOODRICH FALL 2015
INTENTIONAL TORTS
What are intentional torts?
wrongful conduct by one individual that harmed another
Assault, Offensive Battery, False Imprisonment, Trespass to Land = DO NOT NEED TO PROVE ACTUAL DAMAGES, DAMAGES ALWAYS PRESUMED
Harmful battery, intentional infliction of emotional distress, conversion, trespass to chattel = NEED TO PROVE DAMAGES, THEY ARE NOT PRESUMED
For intentional tort you must have – a VOLITIONAL act with INTENT to cause…
VOLITIONAL: decide to do act and acted (Cohen v petty)
INTENT:
desire to cause harmful or offensive contact or
knowledge to substantial certainty that harmful or offensive contact would occur (no intent to harm, just intent to contact)
Child-has intent if he can understand that it's act will lead to the consequences (garret v dailey)
Mistake: does not negate intent (Ranson v Kitner)
Insane Person: must be able to entertain intent and must have entertained it in fact (McGuire v Almy)
Set in Motion: indirectly cause contact; started the events that led to contact
Jokes: still liable even if there was no intent to harm
Transferred Intent:
intend to commit one intentional tort, but you commit another intentional tort
the tort you intended to commit and the one you actually committed must be 1 of 5 intentional torts:
battery
assault
false imprisonment
trespass to land
trespass to chattel
Double Transferred Intent: intend to commit 1 of the 5 transferred intent torts against a person and the tort happens to another
a) as long as you have 1 of the 5 transferred intent torts, you are liable even if it was committed on person you did not intend to assault on
BATTERY
DEFINITION: A VOLITIONAL ACT with INTENT to cause HARMFUL or OFFENSIVE CONTACT with a person and harmful or offensive contact occurs with the person, or a 3RD PARTY, directly or INDIRECTLY
HARMFUL: physical injury or impairment results, structural or functional, it is not enough to have fear or shock
OFFENSIVE: to an ordinary person not unduly sensitive to personal dignity (Wallace v Turner)
CONTACT: with person or something integrally or intimately connected to said person (cane/chair/plate) (Fisher v Carousel)
INDIRECTLY: set in motion
3RD PARTY: transferred intent (Talmage v Smith)
DAMAGES
nominal, actual, and punitive
do not need to be aware of conduct at the time
ASSAULT
DEFINITION: A VOLITIONAL ACT with INTENT to cause REASONABLE APPREHENSION of IMMINENT HARMFUL OR OFFENSIVE CONTACT with a person and reasonable apprehension of imminent harmful or offensive contact occurs to a person, or a 3RD PARTY, directly or INDIRECTLY
ACT: overt act, usually some movement, not usually words alone, but can be if movement added to words
Words Alone: could be assault if reasonable person would be apprehensive
Conditional Threats:
NO ASSAULT if based on non-existent facts
ASSAULT IF based on doing unlawful condition
Future Threats: not assault because there is no reasonable apprehension of imminent contact
Danger from Independent Source: example: reporting a snake behind a person
not assault if the danger is there and you report it
assault if reported as a joke and harm is not there
REASONABLE: a reasonable person in the same circumstance would be apprehensive
APPREHENSION:
know it is happening;
anticipation of it happening enough, fear not needed
there must be apparent ability of consequences being carried out
IMMINENT: more than mere preparation
HARMFUL: physical injury or impairment results, structural or functional, it is not enough to have fear or shock
OFFENSIVE: to an ordinary person not unduly sensitive to personal dignity (Wallace v Turner)
CONTACT: with person or something integrally or intimately connected to said person (cane/chair/plate) (Fisher v Carousel)
DAMAGES
Nominal
Actual
Punitive
Need to be aware of conduct at the time of assault
FALSE IMPRISONMENT
DEFINITION: A VOLITIONAL ACT with INTENT to cause CONFINEMENT or RESTRAINT of a person within BOUNDARIES fixed by defendant and cause confinement to a person or a 3RD PARTY, directly or INDIRECTLY, and PERSON IS CONSCIOUS OF THE CONFINEMENT OR IS HARMED BY IT
CONFINEMENT or RESTRAINT
Against will: threat of force was used
manifestation must be present
DAMAGES
Actual (actual damages required for bystanders, but not for primary victim)
Punitive
No nominal damages
TRESPASS TO LAND
DEFINITION: A VOLITIONAL ACT with INTENT to ENTER ANOTHER’S LAND and does enter the land
INTENT: does not matter if you intended to trespass or you thought the land was yours
ENTER: physically, without permission, or knowingly remained after permission withdrawn
ANOTHER’S: owner or possessor
LAND
Air: immediate reaches of land and substantially interferes with the use and enjoyment of the land
Below: to the extent it could’ve and was used and substantially interferes with use and enjoyment of land
DAMAGES
Nominal
Actual (Compensatory)
Punitive
TRESPASS TO CHATTELS
DEFINITION: A VOLITIONAL act with INTENT to cause INTERFERENCE with person’s OWNERSHIP OR POSSESSION of CHATTEL and does cause interference with person’s ownership or possession of chattel
INTERFERENCE: (DOMINION OR CONTROL)
Dispossession:
temporary taking for some period of time or refuse to return after voluntary given to tortfeasor
there has to be measure of harm, not nominal
could be loss of use and low amount
Intermeddling:
only physically contacting chattel, not taking it;
harm done is:
impaired condition,
quality
value
any legally protected interest owner has
OWNERSHIP OR POSSESSION: Possessor (renter) or owner
CHATTEL:
tangible personal property
intangible personal property such as deeds, promissory notes, etc…
DAMAGES
No nominal
Actual damages
Punitive
