INTENTIONAL TORTS
PHYSICAL HARMS
Physical harms (battery, trespass) and Defenses (consent, insanity, defense of property, necessity)
I. Battery
a. Definition
i. Battery is unconsented-to touching, intentional infliction of bodily harm
1. As opposed to assault for which you need to prove intent
ii. Degree of harm intended versus actual harm does not matter
1. “thin skull” plaintiff
2. All that matters is intent to make physical contact
3. defendant can not make damages proportional to how severe he expected injury to be
iii. Restatement on Intent: A person intentionally causes harm if the person brings about that harm either purposefully or knowingly
1. A person purposefully causes harm if the person acts with the desire to bring about that harm.
2. A person knowingly causes harm if the person engaged in action knowing that harm is substantially certain to occur.
iv. Generalized knowledge not sufficient to prove battery
1. Shaw v. Brown & Williamson Tobacco Corp.
2. Courts unwilling to open litigation floodgates
b. Assumption of risk
i. On the playground, certain degree of touching implicitly consented to
ii. Ordinary, expected = consented to
iii. Anything outside the realm of ordinary and expected is battery
c. No touching yet still battery
i. When kid pulls lady’s chair away, and she hits ground
ii. Kid essentially hit woman with ground
iii. Kid intended to pull chair away à resulting harm = battery
d. Testing the limits of battery
i. Idaho piano teacher
ii. Generalized knowledge about something not enough to prove intent
e. Reasonable person standard
i. If you know person is unusually sensitive à battery
II. Trespass to land
a. The trespass is the harm, even if nothing on land is harmed
b. Intent to trespass is what matters, not intent to cau
: Court denied damages to raped minor so as not to reward her indiscretion (but statutory laws exist to protect a class)
iv. fraud
IV. Self-Defense
a. Reasons why it is awesome that self-defense is a defense (rationale)
i. Unfair and unrealistic for people to have to stand there and take aggression
ii. Don’t want to discourage people from defending themselves for fear of repercussions
iii. Fleeing may not be possible (there is no general duty to retreat)
iv. Want to deter more attacks
v. Implied consent (person who hits should not be surprised to be hit back)
vi. Can not use deadly force if not attacked with deadly force
