Torts I Outline
Torts
· Civil law reparation of for harms done by wrongful acts
· Started as Writs, Needed the right writ in order to
Intentional Torts
Intent
n What is the meaning of the “Intent” necessary for an Intentional Tort?
n Intent as purpose or desire to accomplish a particular result.
n Knowledge that a result is substantially certain to occur.
1. The Elements of Battery
n An actor commits battery if he acts intending
n a. to cause a harmful or offensive contact OR
n b. to cause imminent apprehension of such contact AND
n harmful or offensive contact actually results.
The Meaning of “Contact”
n Contact with P’s body or something closely connected to it.
n Lack of consent to contact is often the key to offensiveness
2. Elements of Assault
n An actor commits assault if he acts intending
n a. to cause a harmful or offensive contact OR
n b. to cause imminent apprehension of such contact AND
n The actor has the apparent present ability to inflict the contact, AND
n Apprehension of harmful or offensive contact actually results
Transferred Intent
n Intent can “transfer” from person to person, as where A intends to hit B, misses, and hits C by mistake.
n Intent can transfer from tort to tort, at least in some circumstances. Compare the intent element of Battery with the Intent Element of Assault.
3. Elements of False Imprisonment
n An actor commits false imprisonment when:
n 1. he acts
n 2. intending to confine the Plaintiff
n 3. Plaintiff is in fact completely confined
n 4. Plaintiff is aware of the confinement or suffers actual injury from the confinement.
Meaning of “Confinement”
n Confinement means that P is effectively restrained from movement in any direction.
n Confinement can be achieved by:
n Physical barriers
n Threats of physical force
n Confiscation of important possessions that practically prevent Plaintiff from leaving (e.g., clothing, car keys.)
n Plaintiff is not confined if a p
elling, and buying.
n This tort only applies to tangible personal property.
n Damages: D must pay P the full value of the property at the time of conversion.
7. Intentional Infliction of Emotional Distress
n An actor commits this tort when:
n the actor engages in extreme and outrageous conduct;
n intending to cause extreme emotional distress, or with recklessness regarding the infliction of such distress; and
n severe emotional distress results
Outrageous!
n Outrageous conduct can include:
n harassment of a vulnerable individual;
n abuse of a position of power;
n mistreatment of dead bodies.
n “mere insult” is NOT outrageous conduct
No Transferred Intent
No transferred intent; defendant must be at least reckless with regard to the infliction of emotional distress on bystanders.
