Torts Outline

Torts

Dyson

Fall 2013

Introduction to Intentional Torts: **ktsc=Knowledge to substantial certainty**

ACT: The actually act that happens.

INTENT: The defendant desires the result or knows to a substantial certainty that it will occur.

· Mental state; exhibit desire or substantial certainty. **on exams, cover both if time permits**

· Subjective

· Intent is satisfied if:

i. Desire: if desired the consequence of actions.

1. Purpose to cause consequence (battery-harmful offensive contact)

ii. Substantial Certainty: certain that acts will cause the elements of the tort to occur

1. Knowingly substantial certain, 90% or more certain, virtually certain (battery-that contact will occur)

2. DO NOT CONFUSE with reckless conduct. Defendant is reckless when she takes a substantial, unreasonable risk that the elements of tort will occur.

TRANSFER INTENT:

· Only applies to the five original trespass action

i. Intends any of the 5 intentional torts, if acts instead or in addition, result in any of the other five, defendant is liable.

ii. A intents to hit B, but misses and hits C, A is still guilty of battery.

i. 5 Common Law Intentional torts:

1. Battery

2. Assault

3. False imprisonment

4. Trespass to chattel

5. Trespass to land

*Restatement allows the intent to commit a battery or assault to satisfy the requisite intent required under the definition of both torts.

· Intent may transfer between:

i. Torts: old common law (the 5), if you had intent for one, you had intend for other. Restatement doesn’t take his approach.

ii. Victims: A hits B, but hits C, still guilty.

DAMAGES: Eggshell rule. Applies to all torts: once liability is establish, damages, even if unforeseeable, can be recovered.

· Defendant must take the plaintiff as he finds him

· When Dillon sees the rifle, hits the floor, suffers brain damages, provided all the elements are met, damages are recoverable due to eggshell

Intentional Torts:

· BATTERY:

i. Definition: intentional infliction of a harmful or offensive contact without consent.

· The knowing or intentional touching of one person by another in a rude, insolent, or angry manner.

· Any touching, however slight, may constitute an assault and battery.

· A battery may be recklessly committed; where one acts in reckless disregard of the consequences, and the fact the person does not intend that the act shall result in an injury is immaterial

§ Bodily harm: any physical impairment of the conditions of another’s body, or physical pain or illness.

§ Offensive contact: if a reasonable person in the circumstances of the victim would find the particular contact offensive .

§ Extended personality doctrine: touching of an extension of a person.

· INTENT requirement: met by a purpose to cause the tortious contact or certainty that such a contact will result.

· Transfer intent: may be met if the actor intends to commit a battery on one person and actually inflicts it on somebody else.

· Purpose: to deter such unauthorized contact; imposing a cost of all resulting injuries on the actor; thus deliberate choice to invade another’s rights.

· Tort liability: an intent to bring about a result which will invade the interest of another in a way that the law forbids. (The defendant may be liable although intending nothing more than a practical joke, or honestly believing the act would not injure the plaintiff)

4 Elements Required:

Act: Act that results in a harmful or offensive contact to the Plaintiff’s person

· Objective: reasonable persons standard,

Intent: Intent (desire or knowledge of a substantial certainty) to cause harmful or offensive contact

· Transfer intent might apply

Causation: The act must be substantial factor in causing the harmful or offensive contact

Damages: Can be nominal or actual

· Actual-medical bills

· Nominal-hurts dignity

Defense: Consent, Self-defense,

Cases:

Wallace v. Rosen (Court of Appeals of Indiana, 2002) pp. 31

Fisher v. Carrousel Motor Hotel, Inc. (Supreme Court of Texas, 1967) pp. 36

ASSAULT:

Definition: Intentionally causing apprehension of an imminent harmful or offensive bodily contact.

· Create well-founded fear of imminent battery

· Present ability to effectuate the attempt

· Apprehension: perception or anticipation of a blow; mere expectation or anticipation of battery or awareness

· Words alone CANNOT constitute assault

· Unless: together with other acts or circumstances they put the other in reasonable apprehension of an imminent harmful or offensive contact with his person. Must be overt act.

4 Elements Required:

Act: Act that results in an apprehension of an imminent harmful or offensive contact to the plaintiff’s person.

· Future threats are not enough.

Intent: Intent (desire or substantial certainty) to cause an apprehension of an imminent harmful or offensive contact

Causation: The act must be a substantial factor in causing the apprehension of an imminent harmful or offensive contact

Damages: Can be nominal or actual

Defense: Consent, Self-Defense,

Cases:

1. I de S et ux. v. W de S (at the Assizes, 1348) pp. 37

2. Western Union Telegraph Co. v Hill (Court of Appeals of Alabama, 1993) pp. 38

· Apparent or actual present ability to carry about the threat.

3. FALSE IMPRISONMENT:

· Definition: Acts to intentionally confine or restra