Torts- Intro:
-Tort: A civil wrong, other than a breach of contract, for which a remedy may be obtained.
Intentional Torts have 4 elements:
1) Act
2) Intent
3) Causation
4) One other distinctive element
Intentional Torts
I. The Concept of Intent
A) Intent can be broken up into 2 areas (Garratt- child pulling chair out)
1) Purpose- the defendant acted with the purpose of committing the tort.
2) Substantial certainty- the defendant had substantial certainty that his action would result in a tort.
NOTE: Children can be held liable, but not under 3 (usually).
B) Insane can be held liable (Williams- insane shoots up a school). Reasons:
1) Where one of 2 people must suffer a loss, it should be borne by the one who caused the incident.
2) Relatives of the insane should be encouraged to restrain them (THIS IS NOT A POPULAR VIEW NOW)
3) Prohibiting the insane from being held liable encourages defendants to feign insanity.
4) Unjust for a wealthy insane person to not bear costs (RARE)
NOTE: Insane cannot be held liable for punitive damages.
II. Battery- a voluntary act intended to cause harmful or offensive contact.
a. Elements of a prima facie case:
1) Voluntary Act
a. Must be a conscious act, voluntary act of muscles
b. Does not include sneezes, seizures, etc.
2) Intent- to make contact and intent to cause harmful or offensive touching.
a. Purpose
b. Substantial certainty
3) Causation- conduct must cause harm.
a. “But for”- The contact would not have occurred but for the defendant’s actions.
b. Can be direct (contact) or indirect (sets in motion a force that brings about contact)
4) Harmful or offensive contact
a. Extended personality doctrine: harmful/offensive contact with something so closely related to the person it is considered a part of the person (knocking glasses off, pulling shirt, etc.)
NOTE: Damages are not required.
Can recover for emotional damages (parasitic)
Can recover for no damages (nominal damages)
b. Offensive contact- (Leichtman- smoke in face case)
1) Contact that causes actual harm (broken bone).
2) Contact offensive to an unreasonable sense of personal dignity.
3) Can also be offensive if the defendant knew the plaintiff would be offended by the contact.
c. Extended personality: making contact with something so close to the plaintiff, it may as well be a part of the plaintiff.
i. Grabbing glasses of face.
ii. Grabbing computer off lap.
III. Assault- an overt act intended to cause reasonable apprehension of imminent contact.
a. Elements of a prima facie case:
1) Overt Act- ( Traditional rule: words + overt act )
a. Words alone are not sufficient.
b. Clinched fist, raising hand.
c. Threats of future do not count.
2) Intent-
a. Purpose
b. Substantial certainty
3) Apprehension- perception of anticipation of contact (jury question).
a. Apprehension is not fear.
b. Perception is key.
i. If def. is behind victim, probably no apprehension.
ii. Different from battery which does not require perc.
c. Def. must have apparent ability to make contact.
i. Toy gun
d. Def. need not
ot necessary to prove false imprisonment
2) Age can matter in proving false imprisonment because it affects perception.
3) Plaintiff does not have to use the “safe” way if it would be offensive to a reasonable person.
V. Intentional infliction of emotional harm- extreme and outrageous conduct with the intent to cause severe mental distress.
a. Elements of a prima face case:
1) Extreme and outrageous conduct- beyond all possible bounds of decency.
a) Intrusion must be such to cause severe emotional distress to a person of ordinary sensibilities, in the absence of special notice or knowledge (objective standard).
b) Not extreme and outrageous conduct:
i. Mere insults or indignities
2) Intent- plaintiff intended to cause severe emotional distress or acted with reckless disregard
a) Reckless: high probability distress will occur; lesser standard than substantial certainty
3) Causation
4) Severe mental distress
a) Actual damages are required.
b) Unless the plaintiff knew of the defendant’s sensitivities and targeted them, the damage must be such that would offend a reasonable person.
b. Other notes:
1) Typically a fall back tort- look for another tort first.
2) No transfer of intent- (some 3rd parties can recover)
