Torts I Dotson Fall 2015
The 7 Intentional Torts
INTENT
= is the desire to cause certain immediate consequences. If the result is intended or virtually certain to occur, the tort is intentional.
Purpose à a person acts with the purpose of producing that consequence; or
Knowledge à (KWSC) the person acts knowing that the consequence is substantially certain to result
Mental capacity à if D has the capacity to form the requisite intent required for each of the intentional torts, it is NO excuse that D has some mental illness or deficiency that induced him to act or prevent him from thinking or choosing rationally.
Intoxication à this is viewed as a temporary incapacity, the thought is, if you are so drunk, then you can’t form the intent required to cause with purpose or substantial certainty the intentional consequence.
Nervous Disorder à if it is out of the persons’ control, meaning an involuntary action, then it is not considered voluntary with intent to purposely do that act.
Children à may be liable for their intentional torts, so long as P can prove each required element, including intent. However, in some jurisdictions, children below a certain age are presumed incapable of forming the necessary harmful intent.
In Michigan à under the age of 7
Mistake à doesn’t negate intent
Transferred intent à intent of the tortfeasor can be transferred
à Tort to tort (battery, assault, false imprisonment, trespass to land, trespass to chattel and conversion)
à Person to person (D means to hit A, but then hits B)
BATTERY (4 elements: intent, contact, harmful or offensive, no consent)
= is an intentional infliction of harmful or offensive contact that was not consented to.
= is an intentional and unpermitted physical contact with the P’s person by the D or by an agency that D has set in motion.
Triggerà P has to be touched and there has to be some reason to believe that the touching happened on purpose.
Intent à can be proved in 3 ways
Purpose à a person acts with the purpose of producing contact
Ex. Pulling the chair out from under someone to make her fall would show purpose
Knowledge à (KWSC) the person acts knowing that the contact is substantially certain to result
Ex. Moving the chair knowing that she wouldn’t notice in time would be substantial certainty
Transferred intent à two types of transferred intent:
Tort to Tort: intending to commit one tort (battery, assault, false imprisonment, trespass to land and trespass to chattel), and end up causing harmful or offensive contact on P.
Ex. Just intend to scare (assault) but actually cause contact (battery)
Person to Person: (D means to hit A, but then hits B).
Ex. throw a stick at one kid, but miss and hit another is sufficient for transferred intent
Notes on intent:
Intent (unless transferred intent applies) à the act must have been intentional; otherwise it’s negligence not an intentional tort.
Dual intent: in many courts, battery requires not only proof of an intended contact, but also proof that the tortfeasor intended a harmful or offensive contact.
à Intent to contact AND an intent that the contact be harmful or offensive
Contactà the D makes contact with the P and this contact is not consented to (3 kinds).
Direct contact:
Body to body contact à hitting someone on the head
Indirect contact:
Touching something that is intimately connected to the person
à grabbing a plate out of someone’s hand
Setting forces in motion:
Something D put into motion caused a contact
à moving the chair and causing the lady to fall put the force in motion
Nature of Contactà there are 2 ways to prove and both are actionable (Harmful o Offensive)
physical harm à includes any physical impairment of the condition of the body (cut, bruise, burn, however slight) even if beneficial illness and physical pain.
offensive à hostile, offensive, or insulting such as poking with a finger in anger, knocking off one’s hat, or cutting hair. The gist is there was contact without consent, which resulted in harm to P’s person or dignity.
No Consent à For D to be liable, he must have no consent. However, some situations allow for unconsented touching to occur and people are not held liable for battery
Ex. In a crowded area, it’s norm
A reasonable person would consent in the circumstances
Exceeding the scope: even if P does give consent, D will not be privileged if he goes beyond the scope of that consent
à think of the ear case
Exceptionà if it’s a true case of an emergency, it may be justified
DEFENSES to BATTERY
à A person is entitled to use reasonable force to prevent any threatened harmful or offensive bodily contact
Self-Defense à it can be used if 1) where there is a real threat of harm 2) if D reasonably believes that there is one
ASSAULT (4 elements- intent, apprehension, imminent battery, no consent)
= Assault is the intentional causing of reasonable apprehension of imminent battery without consent.
= It arouses in the P a reasonable apprehension of an imminent battery.
Trigger à P has to be in apprehension of imminent battery, that he is going to be touched and there has to be some reason to believe that the touching happened on purpose.
Intent à can be proved in 3 ways
Purpose à a person acts with the purpose of arousing imminent apprehension of battery in P
Ex. D reaching for gun in pocket would show purpose
Knowledge à (KWSC) the person acts knowing that the arousal of imminent apprehension of battery in P is substantially certain to result
Ex. Pointing the gun in P’s direction would be substantial certainty
Transferred intent à two types of transferred intent:
Tort to Tort: intending to commit one tort (battery, assault, false imprisonment, trespass to land and trespass to chattel), and end up causing harmful or offensive contact on P.
Ex. Just intend to scare (assault) but actually cause contact (battery)
Person to Person: (D means to assault A, but then assaults B).
Ex. intends to threaten A but B comes along and is assaulted, is sufficient for transferred intent
