Rostron_Torts_Summer_2016
Torts
I. Main Elements- Fault Element necessary (Intent satisfies fault)
A. Act- willful or wrongful in any manner
B. Intentional Torts
C. Negligence
(ACT, INTENT, RESULT)
II. Intent Elements- (harmful/physical) (offensive- offends a reasonable sense of personal dignity)
A. Three ways to Satisfy Intent-
1. Desire- purpose/ tortfeasor wanted it to occur, deliberate (subjective approach)
2. Knowledge of Substantial Certainty- average reasonable person certain element to occur (objective)
3. Transferred Intent-intent transfers from person to person or tort to tort
a. Person-to-Person: Intended to hit A but B hit instead
b. Tort-to-Tort: Intend to hit A but barely miss
c. Transfers between Assault, Battery, and False Imprisonment
-Likely to transfer “down” from personal torts (A,B, FI) to property (ppl more important than things)
-Transferred Intent examples
Shoots A not B
Misses A
B hiding
Shot in the air to scare A
Shot in the air to celebrate
B. Special Cases/Rules of Intent
1. Single Intent v Dual Intent (U of Idaho case) Approaches
a. Single Intent: requires only intent to cause contact
b. Dual Intent: requires (1) intent to cause contact (2) intent for contact to be harmful/offensive
c. Insane persons- genrally liable for their intentional torts (Rajspic, intent to cause act)
d. Children: generally, have intent but at some age too young to appreciate
e. Doctrine of Respondeat Superior: employer held liable for employee's torts
f. Sovereign Immunity (unless waived) fed govt immune from many types of claims
g. Extended Liability: liable for consequences even if worse than anticipated or intended
Intentional Torts
II. Battery (requires) Act/Intent/Result
1. Act- (Volitional) wrongful
2. Intent- harmful/offensive (Contact w/ Plaintiff)
3. Result- harmful/offensive (Contact w/ Plaintiff)
a. Contact- direct/indirect (attachments/closeness consid. Extensions of a person)
b. Battery Examples- Punch in the nose Y; Knocks off hat Y; Contagious Disease N; Push on Crowded Street N; Aiding a sick child N
A. Special Cases (Battery)
Van Camp 3 yr old on a tricycle injures lady on walking on sidewalk; (held no liability w/out fault)
Synder Rude surgeon offends nurse (held contact offensive to a reasonable sense of personal dignity is offensive contact that warrants battery, no physical harm required)
Cohen Male nurse offended religious belief (held knowing interference w/ right of determination offensive, hero argument doesn't prevail)
B. Special Cases of Intent (Battery)
U. of Idaho Professor injures student w/ piano gesture as social guest (single intent approach, intended to do act, all that was necessary for battery, however sovereign immunity evoked)
Garratt v. Dailey 5 yr old boy pulls chair out from under lady in backyard, she falls and is injured (retrial to determine of child had knowledge of substantial certainly consequences would result from act)
Baska house party, fight ensues, little girl tries to break it up and is hit by punch and injured (doctrine of transferred intent, person-person evoked)
-note, generally every battery necessarily involves an assault (if not aware, no assault)
III. Assault (Act/Intent/Result)
A. Elements of Assault
1. Act- Volitional
2. Imminent apprehension of offensive contact (including physical harm)
3. Intent
a. Desire (wanted or with purpose)
b. Know. Of Sub. Cert (knowledge that certain events would likely happen)
c. Transferred Intent, person-to-person, tort-to-tort
B. What's not Assault?
P was at great risk of being stuck, but unaware
Threats to a 3rd person (child, friend, etc) apprehension of contact w/ own person only
C. Hard & Fast Rule; Assault claim requires P was put in apprehension of an imminent harmful or offensive contact (awareness required).
D. Examples of Assault
1. Gun pointed at A, Y (if P thought gun was loaded)
2. A doesn't see gun N
3. Get out of my house or else N
4. Text I'm going to kill you N
5. I'll kill you on sight N
E. Special Cases (of Assault)
Brower Founder of big media company sons threaten a city activist vowing to take them down. Threats over the phone. (held words not enough, threat not of imminent harm)
Misle Guy in back seat of car w/ BB gun pointed at patrons to scare them, intended assault- to put patrons in fear of apprehension of harm (ended in battery, transferred intent; tort-tort, P, unaware)
IV. False Imprisonment (requires)
A. Act or Omission Volition direct/indirect (reporting to security falsely)
B. Physical Confinement (boundaries, force, coercion, awareness)
C. Intent
1. Desire (wanted or w/ purpose)
2. Know of Subst. Cert,
3. Transferred intent; from Assault to FI, Tort-Tort or Person-Person
4. Duration of time (appreciable length of time)
Restatement: 1. Acts intended to confine the other or a 3rd person w/in boundaries; 2. Acts directly/indirectly result in such confinement; 3. The other is conscious of the confinement or harmed by it.
-Duress of goods constitutes confinement; not prevented from leaving, but feels confined because of what would happened upon l
com), plaintiff able to recover from con man and company that gave up website (represents intangible digital property to be protected under conversion)
VIII. Intentional Infliction of Emotional Distress (IIED)
A. Elements
Restatement (1) D., acted intentionally or recklessly; (2) Conduct was extreme and outrageous;
(3) Actions of D., caused P., emotional distress (4) the emotional distress was severe (diagnosed)
1. Extreme & Outrageous conduct: Beyond bounds of decency
a. Power relationship; b. Repetition; c. Knowledge of sensitivity; d. Severe emotional distress
B. Examples of IIED
(1) Stalking; (2) Vulgar proposition; (3) Spouse witness to murder or the like; (4) Child mutilation
C. Intent Element
1. Desire
2. Know of Subst. Cert.
3. Recklessness
D. Reckless= (1) know of risk or would be obvious and still commits act; (2) Precautionary burden was slight compared to risk. (less than intentional, but more than negligence)
E. IIED 3rd Party Recovery (Presence Requirement)
1. Rationale depends on relationship, presence, severity, outrageousness.
2. Immediate Family at the scene, D is aware of presence
3. Non-family who is harmed (millions affected by JFK, gotta draw the line)
F. Special Cases of IIED
GTE Southwest Inc. Three employees complained of being constantly harassed and humiliated by an abusive supervisor. (repetition of offensive acts constituted extreme and outrageous)
Murray Disc Jockeys berate the brides segment on radio (held Defendants should have realized their conduct involved an unreasonable risk of causing distress.
Bettis v. Islamic Repub. or Iran Catholic priest abducted by Hezbollah, beaten and tortured 564 days. (lack of presence deemed source of emotional distress, recovery by immediate family).
IX. Defenses to Intentional Tort Claims (Affirmative Defense)
A. General Principles
1. Affirmatively pled and proven by defendant (burden of proof on defendant)
2. Relieves D. of liability even though all elements of the tort were met
