TORTS I – FALL 2016 – [RECEIVED AN A ON THE EXAM]
Intent
Specific Intent – Purpose or desire for a result to occur
General Intent – Knowledge result will occur with substantial certainty
Transferred Intent – With specific intent or general intent against one party but the result is caused to another party
Two types of torts
Intentional torts
Unintentional torts
Intentional Torts
FI-T-T-ED C-A-B
Acting with specific or general intent and causes a result
False imprisonment (FI)
∆ acts
With intent to confine π
π is completely confined
π is aware of or is injured from confinement
Confinement meaning
π is restrained in any direction
Physical barriers
Threats of physical force
Confiscation of important possessions that prevent π from leaving (clothes, keys, etc.)
No practical exits available (not involving danger)
ask to leave. Can NOT assume you can’t
Trespass to Land (T)
Rights of exclusive possession
Land is anything below or above it
Tangible trespass elements:
∆ acts with intent
To enter π’s land or causes another person/thing to enter land OR
To remain on the land OR
Fails to remove a thing he is under a duty to remove
No damages are required
This policy was to prevent people from intruding on other’s land
Owners have exclusive possession
Intangible trespass elements/requirements:
π acts with intent AND
Trespass interferes with an interest in exclusive possession of property AND
Reasonably foreseeable act could result in such a trespass AND
Substantial damages results
Trespass to Chattels (T)
∆ acts with intent
To take away or damage tangible property AND
Actual damage or loss of use or substantial interference results by
Dispossessing property OR
Impairing property’s condition, quality, or value OR
Depriving use of property for substantial time
Physically harms possessor or person/thing in which possessor has legally protected interest
MUST have damages
Damages are equal to the value of loss of use (measured by the price to rent a substitute) or cost of damages to the property
Intentional Infliction of Emotional Distress – IIED (ED)
∆ acts by engaging in extreme and outrageous conduct
With intent, recklessness, or gross negligence
To cause emotional distress and
emotional distress results
Reckless or gross negligence = very high risk
Not for plain negligence = unreasonable risk
No transferred intent to bystanders
∆ must be at least reckless with infliction of emotional d
pprehension:
Would a reasonable person have apprehension of contact in this situation?
Words are not enough – must be coupled with action
Apprehension: knowledge/expectation/anticipation
Fear can be evidence of apprehension but fear is not required
Actual damages are NOT necessary – just need to prove apprehension!
Transferred intent is appropriate
Battery (B)
∆ acts with intent to cause
A harmful or offensive contact OR
Apprehension of such contact (assault) AND
Harmful or offensive contact actually results
MUST have damages
∆ is liable for all damages resulted from contact
Harmful or offensive contact
General knowledge of contact is not enough. Must be localized and specific**
Contact can be done through objects connected to π
Not all contact is harmful or offensive
Harmful = hurt, injured
Offensive = offend, abusive, disrespectful to the π’s dignity in regard to social norms of the situation
Test: Would a reasonable person find it to be harmful or offensive?
