Torts Exam Outline
First Steps: 1. Determine whether action intentional, negligently caused, or subject to strict liability.
2. Once determined apply tests of category to determine liability.
Intentional Torts
(seven major: false imprisonment, trespass, trespass to chattels, emotional distress, conversion, assault and battery FiTTEd CAB)
I. Variations on Intentional Torts
a. Intent occurs with the desire for a certain result caused by one’s actions or the knowledge to a reasonable certainty that one’s actions will cause harm.
b. Wrongful use of a objective standard –friendly hug and subsequent paralysis
i. Uses a reasonable person standard and this is wrong.
c. Mistake cases – There is a fine distinction between mistake and unavoidable accident. In a mistake the result is intended, but the D acted under an erroneous but reasonable assumption. (strict liability)
i. Example: shooting at wolf, but was actually P’s dog
ii. Morris says they are better looked at under negligence.
d. Transferred Intent –P need not actually prove that the D intended to hurt him. P must prove that D had the wrongful intent to hurt SOMEONE and the P was hurt by that harmful intent.
i. Example: man throws stick at boy A and hits boy B instead.
ii. Differences between this case and a mistake case 1) in a mistake case the result was intended and in transferred intent the result is not intended 2) in a mistake case the D lacks a wrongful intent and in a TI case the D has a wrongful intent.
e. Old writ of trespass had five original intentional torts
i. Assault, battery, false imprisonment, trespass, trespass to chattles
ii. These do not require that you show harm to recover.
iii. These five are also covered by transferred intent (intent can be transferred between individuals and between the five torts)
II. Assault
a. Definition – An actor subject to liability to another for assault if
i. 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 a contact AND
ii. The other is thereby put in such imminent apprehension
b. Definition Broken Down
i. Act by defendant, intent, apprehension, causation, lack of consent.
ii. The D must act with intent – D must act with the purpose to cause apprehension of contact or substantial certainty that the apprehension will result.
iii. Transferred intent works – If D acts with intent to commit another intentional tort (ie battery) but fails, that intent satisfies the intent necessary for assault.
iv. D must place the victim in apprehension of harmful or offensive contact OR make such a contact
1. This can be circumstantial; if the harm that is feared is not battery then the apprehension of that harm is not assault.
2. Fear is NOT the test, apprehension is the test
3. The contact doesn’t have to be w/ the D (could be the ground etc)
v. Action must be imminent
1. This means that there will be no significant delay (as opposed to it being immediate)
2. Fear of future conduct does not support liability for assault
vi. Mere words not enough for assault
1. Exception: circumstances make it assault. Example: As in telling someone you are about to shoot them while their back is turned. Or threats to the blind.
vii. Liable for assault if D manifests the apparent present ability to cause unwanted contact, even if in fact D cannot do so
onable sense of personal dignity.
v. Contact or Causation requirement – something on the P’s person must be invaded. Example: hit with a stick or a care or anything controlled by D.
1. D need NOT be present, but simply initiates a sequence of events that creates the battery. Example: poison.
2. Can be direct or indirect. Example: D throws rock at P, but hits tree and tree falls on P – counts.
vi. Damages – D is liable for all of the consequences of a battery, even if D not foresee drastic consequences.
vii. Insane persons or minors – if they are capable of a volitional act then same standard. (little boy pulls chair away from old lady, mentally ill person throws fit and hits caretaker with furniture)
viii. Hyper sensitivity – if D has no knowledge, no liability; but if D has knowledge then liability.
ix. Examples:
1. Juliet is sleeping and Romeo kisses her against her will à Battery because the awareness is not necessary.
2. Romeo is driving his car trying to impress the ladies and accidentally runs over Juliet à No battery because no intent.
3. Romeo hugs hypersensitive Juliet and she sues for battery à No battery because a “reasonable person” would not find the act offensive.
4. Romeo is spiteful and grabs the rose out of Juliet’s hand à Battery because rose is intimately associated with Juliet’s person.
5. Romeo aims a slingshot at Brutus and hits Juliet instead à Battery because transferred intent.
Romeo blows smoke into Juliet’s face but there is no physical injury à Battery because no physical injury necessary; emotional distress is sufficient.
