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Torts
University of North Carolina School of Law
Corrado, Michael L.

I. Intentional torts (a few multiple choice)
A. Harmful battery
1. Prima facie case
a. Physical contact
b. Intent to make that contact
c. Injury
d. Causation
e. Lack of consent

2. Vosburg rule vs. Restatement rule
a. Vosburg rule
i. Must have intent to act, NOT intent to harm
ii. Must have caused harm
iii. Must be an unlawful act
iv. Must NOT have had [implied/express] consent
b. 2nd Restatement of battery
i. Must have intent to cause harmful or offensive contact OR an imminent apprehension of such contact
ii. Harmful contact directly or indirectly results
c. 3rd Restatement of intent
i. A person intends to cause harm if the person brings about the harm either
1. Purposefully
a. Acts with desire
2. Knowingly
a. Knows harm is substantially certain occur

B. Consent as a defense to intentional torts
1. Consent can be a defense to battery when the victim has a right to consent
2. Three rules for mutual combat Hudson v. Craft
a. Majority
i. A person CANNOT consent to an illegal act
b. Minority
i. A person CAN consent to an illegal act (mutual combat = mutual consent)
c. 1st Restatement
i. A person CAN consent to an illegal act UNLESS
1. They are a member of a “particular class of persons”
a. This protected class CANNOT consent because they CANNOT understand the consequences of their actions

C. Insanity as a defense for intentional torts
1. McGuire rule
a. Insane person is LIABLE (for an intentional tort) unless she is NOT capable of entertaining the intent to commit the act.
b. Insane person is NOT liable (for an intentional tort) unless they ARE capable of entertaining the intent to commit the act.

D. Necessity as a defense to intentional torts
1. Ploof rule
a. If there is risk to life, limb, or property, trespassing onto some

such contact”
iii. 2nd Restatement of assault
1. “He acts intending to cause a harmful or offensive contact with the person of the other or a third person, or an imminent apprehension of such contact”

G. False imprisonment
1. Prima facie case
a. Imprisonment by D
i. Must be a complete boundary with NO way out
ii. Boundary must restrain (NO reasonable way of escaping)
iii. Does NOT have to involve physical force
b. Imprisonment must be false (without privilege, i.e. jail)
c. D must intend the imprisonment (CANNOT be accidental)
i. If NO intent à could be negligence
d. P must have been aware of the imprisonment

2. Bird v. Jones
False imprisonment requires that the area to which one is confined has