I. Intent
A. Specific Intent
1. D goal in conduct is to bring about these consequences
B. General Intent
1. D knows with substantial certainty that tort would result
C. D Intent to Harm Unnecessary
D. EVERYONE IS LIABLE FOR INTENTIONAL TORT (minors, incompetents)
E. Transferred Intent => D liable
1. D intends to commit tort against one person
2. instead D tort injures 3rd party
II. Battery
A. Prima Facie
1. D intends to cause harmful or offensive contact with P
2. P suffers harmful or offensive contact
3. causation (actual & proximate)
B. Bodily Harm
1. any physical impairment of another’s body
C. Offensive Bodily Contact
1. damaging to a reasonable sense of dignity
D. D intent to make contact => D liable for all harm
E. extends to personal affects (connect to P)
F. P awareness not necessary at time of contact
III. Assault
A. Prima Facie
1. D intends to cause harmful or offensive contact with P
a) OR imminent apprehension of such contact
2. P suffers imminent apprehension
3. causation (actual & proximate)
B. Apprehension
1. P must be aware of imminent bodily contact
a) threat of future contact insufficient
2. D appears capable of threatened contact
C. Words Alone => No Assault
1. words + overt act = conditional threat => Assault
2. words may negate assault (P unreasonable apprehension)
Defenses to Intentional Torts
IV. Consent
A. Express Consent
1. Consent Due to Mistake
a) still effective unless D knew or induced mistake
2. Consent Due to Fraud
a) fraud relates to essential aspect of harm = defense
b) fraud relates to collateral matter = NO defense
3. Consent by Duress
a) NO DEFENSE unless threat of future or economic harm
4. Consent to Criminal Acts = NO Consent (majority)
a) NO consent when statute protects victim (statutory rape)
B. D cannot exceed scope of consent***
C. Implied Consent
1. Apparent Consent => objective test
a) would reasonable person infer P consent?
(1) manifested by action or inaction
(2) conduct, custom, or usage
(3) P subjective intent irrelevant
2. Consent Implied by Law
a) emergency situation
b) P incapacitated
c) reasonable person would consent
3.
ge
a) necessity, right to recapture chattel
C. Mechanical Devices
1. Deadly Force
a) privileged only if D would be privileged to use similar degree of force
2. Non-Deadly Force
a) device reasonably necessary to protect land or chattels form intrusion
b) device is customarily used
c) OR reasonable care is taken to make its use known to intruders
VIII. Recapture of Chattels
A. right to use reasonable degree of force
1. no deadly force for property
2. must be Fresh Pursuit
3. Reasonable Mistake => no privilege
B. property must have been Wrongfully Taken
1. stolen or fraudulent possession
C. Shopkeeper Privilege
1. merchant may detain suspect shoplifter IF:
a) reasonable belief
b) reasonable amount of time
c) reasonable manner
Negligence
IX. Prima Facie Case
A. duty of care
B. breach of duty
C. proximate causation
D. actual damage
