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Torts
University of Illinois School of Law
Robbennolt, Jennifer K.

TORTS OUTLINE

I. INTENTIONAL TORTS
Against Persons:
A. Battery
B. Assault
C. False Imprisonment
D. Intentional Infliction of emotional distress

To Land:
E. Trespass
1. To land
2. To Chattels
F. Conversion

General form of Rule:
1. Conduct
2. Intentionally
3. Causing Harm
4. To another

INTENT
1) Desire to cause the consequences or the act (This does not mean that they had a desire to cause the harm as much as a desire to cause the consequences).
OR
2) Belief that the consequences are substantially certain to arise from it.
– If something is highly likely to occur, then it will not be deemed intentional.
3) The act must be intentional or substantially certain, but the consequences do not have to be.
This is a subjective test (Did the person committing the tort know).
TRANSFERRED INTENT
It applies to 5 intentional torts that belong to the writ of trespass
a) Battery
b) Assault
c) Trespass to goods
d) Trespass to land
e) False imprisonment

When will it apply?
Intent will be found when ∆ intends to commit one of the five intentional torts against a particular person, but instead:
– Commits the intentional tort against a different person
– Commits a different intentional tort against that person
– Commits a different intentional tort against another person.

What about actions in good faith?
Good faith does not matter when it comes to intent. As long as the intent is there, it exists.
Ex. Ranson v. Kittner
· Man was hunting and in good faith shot what he believed to be a wolf.
· It turned out to be plaintiff’s dog
· Court held that he had intent to shoot the dog, because even though his action was in good faith that it was a wolf, he still had the intent to shoot something.

Intentional Torts against Persons

A) Battery
–Conduct
–intentionally
–causing
–harmful or offensive contact with the person of another.

An actor is subject to liability of battery of another if :
He acts intending to cause a 1) harmful or 2) offensive contact with the person of another or a third person, 3) or an imminent apprehension of such a contact, and
2) A harmful or offensive contact with the person of the other directly or indirectly results. (The harmful or offensive contact must actually take place)
Here the defendant does not need to intend to physically harm the plaintiff. All that is required is the intent to cause harmful or offensive contact.

1) Harmful contact (Reasonable Person Standard)
“any physical impairment of the condition of another’s body, or physical pain or illness.” (Restatement §15)
–There is an impairment of the physical condition of another’s body if the structure or function of any part of the other’s body is altered to any extent even though the alteration causes no other harm.
This is contact that causes actual harm to the plaintiff. T

awareness of the contact at the time it occurs.
Ex. Kissing a sleeping Plaintiff.

Unforeseen consequences
– After intent is established, Defendant will be held liable for any consequences that ensue, even though they did not intend for them, or could not have foreseen them.
Ex. Golfer swings club at inattentive caddy to frighten him. The head of the club flies off and hits caddy in the eye.

Holding companies liable for actions of their employees (Respondeat Superior)
This will occur when:
(a) The principal authorized the doing and the manner of the act,
(b) The agent was unfit and the principle was reckless in employing him
(c) The agent was employed in a managerial capacity and was acting in the scope of employment
(d) The employer or a manager of the employer ratified and approved the act.

B) Assault
1) Conduct
2) Intentionally
3) Causing
4) The Plaintiff to reasonably apprehend an imminent harmful or offensive contact with his person.
This means it has occurred if ∆ has intentionally caused the plaintiff to think that they will be subjected to a harmful or offensive contact. The tort can exist even if the contact never results.