INTENTIONAL TORTS
I. All intentional torts require:
A. Act:
1. Volitional action by D
2. Results in a wrongful act / consequence to P that is a tort
3. External manifestation of D’s will
a) Not volitional:
b) Unconscious acts (epilepsy, seizure, asleep)
c) Reflexive/instinctive reactions (not D’s choices)
d) Accidents aren’t liable
B. Intent:
1. Specific Intent: Desires to cause wrongful act OR
2. General Intent: Knows to substantial certainty wrongful act will happen.
a) Knows it’s going to happen/will occur
(1) Anyone can be liable
(a) Garratt v. Dailey, 5 yr. old pulls chair from under P, D knew P was about to sit is sufficient to meet the test of intent for battery
(b) McGuire v. Almy, insane person is capable of forming requisite intent
(c) Ranson v. Kitner, mistakes P’s dog for a wolf & shoots it; a mistake of fact does not excuse. Intent is still present
b) NOT: Likely to occur/recklessness/carelessness
(1) Recklessness is to ignore high probablity.
c) Refers to D’s state of mind: Desire or KTSC
C. Causation:
1. Direct or indirect legal cause of the action.
2. Act must be nexus/substantial factor in bringing about consequence. Must be link b/t act and causation.
Continuum of Blameworthy Behavior
Desire KTSC Reckless NEGL
wants conqu knows conq act in face of sub act in face of
to occur will occur unresbl risk of conq an unrsb risk;
Will occur i.e. carelessness
II. Personal Invasions
BATTERY
D’s actsintentionallycause harmful or offensive contact with the victim’s person.
A. ACT
1. Volitional action. There must be an act.
2. Results in harmful or offensive contact to P’s person
a) Harmful
(1) Pain, illness, physical impairment or material alteration (material alteration to so’s body even if it doesn’t cause harm–unconsented medical procedure.)
(2) Slightest touching w/ intent to harm
b) Offensive
(1) Reasonable person / offends a reasonable sense of personal dignity. (RS)
(2) Circumstances matter (pat on butt OK in football)
(a) If P is hypersensitive, D not liable. But if past experience shows him P is sensitive, D may be liable (RS disagrees)
(3) POLICY: There is an implied consent to a certain amount of touching in life (crowded subway)
(4) Everyone else should not have to change their behavior for the sensitivity of one person.
B. Contact:
1. Direct or indirect contact
2. No need to physically contact person (throw rock) or be physically present (string wire on ground)
3. Or something intimately connected to the person. “universally regarded as part of the person” (grabbing plate, hitting hat) (Fisher v. Carrousel Motor Hotel, pg.32 Waiter liable for battery for grabbin
TTERY:
a) P’s awareness/consciousness (kissing while asleep) (Policy reason behind battery is to prevent intrusion of personal security.)
b) Actual damages. No proof of actual damages required.
5. UNFORESEEABLE HARM
a) D is liable for all intended/unintended consequences ensuing of the battery.
b) Restatement makes mitigating factors relevant. When deciding unforeseeable harm, courts should consider:
(1) D’s intent to cause harm
(2) The degree of his moral wrong, and
(3) The seriousness of harm he intended when he acted.
ASSAULT
D’s actsintentionally cause the victim’s reasonable apprehensionof imminent harmful or offensivecontact.
A. ACT
B. Voluntary act
C. Results in P’s apprehension of imminent h/o contact to P’s person
1. Apprehension (reasonable)
a) General Rule: Apprehension must be reasonable. Would a reasonable person be in apprehension?
b) Minority RS Rule: Liable if purposefully acted knowing P’s unreasonable fear.
POLICY: Cts reluctant to protect extremely timid people from exaggerated fears.
Expectation/perception/anticipation that contact will occur if nothing intervenes.
