Torts Outline

INTENTIONAL TORTS
BATTERY:

1. Act
2. Intent
3. Contact (harmful or offensive)

A. ACT: must be volitional; direct or indirect

a. Speech can = act

b. Muscular reflex = act (someone falling and puts out their hand)
c. Reflex = no act (something flying toward fact and they blink)

d. Incompetents/minors: still capable of volitional act

e. Failure to act: an act if there’s a duty

B. INTENT:

a. BELIEF OR DESIRE: Must have known

1. Have to intend nature of contact? – open question – probably no (Garratt v. Dailey)

b. Substantial certainty = highly likely @70-80%

1. Dump bucket in afternoon – YES – at 3 a.m. – NO

c. Apprehension: If intent to scare and cause contact = intent

d. Multiple parties: Intent to hit A, hit both – only liable to 1 b/c policy (only enough to deter act)

e. Transferred intent: as long as he intends w/ respect to 1 person – liable to 3rd person (make sure
someone is liable)

f. What would a “reasonable person” have known (about nature of contact)?

C. CONTACT:

a. What constitutes touching of the other?

1. TEST:
a. Physical distance of object (proximity to P)
b. Nature of object (symbolically connected) – degree of importance to person’s dignity
or autonomy

2. Picard (mechanic, camera) – YES b/c attached to body

3. Cold air – YES; Scent – NO

b. P. need not be aware of the contact (just harmed by it)

c. What is harmful/offensive? – reasonable person standard

ASSAULT

1. Act – threatening nature or offer of corporeal injury – words usually not enough
2. Intent
3. Result – Reasonable fear; apprehension of imminent injury

A. IMMINENCE: – Generally means almost instantaneous

1. Future oriented threats – usually no
a. If apprehension, but n