I) Intentional Torts
A) Tort: Civil wrong for which the law recognizes a legal remedy on behalf of a private individual
° Remedy is normally monetary damages
· Intentional Tort: The Δ must intentionally commit the elements that define the tort
B) Intent
· Definition: The Δ desires the result or knows with substantial certainty that it will occur. Must have volitional movement.
° A person acts with intent to produce a consequence if:
(a) The person has the purpose of product that consequence; OR
¨ Ex) Pulling out the chair because you want him to hit the ground
(b) The person knows to a substantial certainty that the consequence will ensure from the person’s conduct
¨ Don’t need to intend injury if actor intended to bring about such “basis of the tort” consequences. Ex: A intends to push B. B falls and breaks arm. A intended to bring about harmful/offensive contact even though A did not intend for B to break his arm.
¨ If you have purpose, you automatically have substantial certainty
¨ If you don’t have purpose, you must determine if there’s substantial certainty
à Ex) Pulling out the chair with substantial certainty that the consequence will ensure (hitting the ground)
i. CASE:
¶ Garratt v. Dailey: The kid did not intend to cause harm, he just intended for there to be contact; you don’t need to intend to cause the harm or offensive contact, just intend to cause the contact
· Transferred Intent:
° Transfer of intent from the intended person to the actual victim
¨ Case: Wachovia v. Holloway: Points a gun at the driver of the car; intent for assault to driver but it is transferred to other passenger
° Transferred Intent to commit one tort, but another actually results
¨ A throws a rock with purpose to hit J but misses. A has transferred intent for assault
¨ A throws a rock with purpose to scare J but hits him. A has transferred intent for battery
° Applied to Five Torts (Trespassory Torts)
(a) Battery
(b) Assault
(c) False Imprisonment
(d) Trespass to Chattel
(e) Trespass to Land
C) Battery: Protects a person’s interest in freedom from unwanted bodily harm (INTENT TO CAUSE THE CONTACT)
· An actor commits battery if he acts intending:
° To cause harmful or offensive contact to another person or a third person OR
° To cause imminent apprehension of such contact AND
° Harmful or offensive contact actually results
· Elements of Battery:
(a) A contact
¨ Not necessarily any physical harm done or actually physical injury
¨ Includes unpermitted and intentional contacts with things connected to the body (clothing cane)
à Closely identified/connected with the body (like Fischer
ensive because it is an unreasonable sense of personal dignity; not an ordinary person reaction
D) Assault: Apprehension of contact even if it never occurs
· Actor is liable for assault if:
(a) He acts intending to cause a harmful or offensive contact with the person or a third person, or an imminent apprehension of such contact, AND
¨ Transferred intent applies
(b) The other person is put in imminent apprehension
¨ Apprehension MUST be imminent
à Must have the ability to carry out the immediate threat
à Ex) The Vietnamese boat and the KKK—the boat was so far way that burning effigy and cannon could not be construed as imminent (not an assault)
à Reasonable person test
· There MUST be awareness to be assault (Look at the context)
° If attacked from behind or in your sleep, then there is no assault
· Apprehension is distinct from fear
° The victim must perceive that harmful or offensive contact is about to happen to him
· Words alone are not an assault—There must be some outward manifestation
Saying “I’m going to kill you”àNOT ASSAULT
