Torts Outline
Chapter 2 Intentional Interference with Person or Property
· Seven intentional torts, (assault, battery, false imprisonment, trespass to land, trespass to chattels, IIED, Conversion)
· Five Traditional Intentional Torts (assault, battery, false imprisonment, trespass to land, trespass to chattels)
oPresumed damages for; assault, battery, false imprisonment, and trespass to land.
A. Intent is defined as
· Acting with purpose to cause the harm or contact, or
· Knowledge with substantial certainty
Garratt v. Dailey
· A child can form the requisite intent needed to be liable for damages.
Ranson v. Kitner
· Mistake doesn’t negate intent
· Accidents are not mistakes
· D killed a dog thinking it was a wolf.
· He intentionally killed took aim and fired, it doesn’t matter that he was acting in good faith, he is still liable.
McGuire v. Almy
· An insane person can be held liable and have intent
B. Transferred Intent
· Intent can transfer among the traditional intentional torts
oHitting one person having the intent to hit the other person does not negate liability even if you didn’t know the person you hit was there.
oIntent transfers from the person you intended to hit to the person you hit
C. Battery
· Elements of battery
· Intentional
· Harmful, or
· Offensive
· Contact
· The slightest touching can be considered a battery
Exception
· Crowed areas – in a crowed area a certain amount of ordinary contact is to be expected and therefore is considered consented to.
· Attached Items – You do not have to touch a person to commit battery
o Touching any item attached to them meats the contact requirement
D. Assault
· Elements of Assault
· Imminent
· Apprehension of
oAn intentional harmful or offensive contact
oWith the apparent present ability to carry it out
§ The victim needs to believe that it is possible
E. False Imprisonment
· Elements of False Imprisonment
oIntentional
oUnauthorized
oRestraint against will
Mental State
· A person not aware of their confinement at the time can not be false imprisoned
· A person aware at the time but unaware later can be false imprisoned
F. Intentional Infliction of Emotional Distress
· Elements of IIED
oExtreme and outrageous conduct
§ Objective test, beyond what’s reasonably excepted
oIntentional or recklessness
§ Recklessness can suffice, requires awareness of high degree of risk of causing ED
oCausation
§ Casual connection between the conduct and the emotional distress
oSevere emotional distress
§ Must be beyond what’s excepted in
le to support a trespass cause of action.
oJunk mail slowed down their processor and caused injury to customers who they had a legally protected interest in.
I. Conversion
· Elements
· Intentional
· Dominion, or
· Control, over chattel which
· Interfering owners right
· Intentional exercise of dominion or control over chattel which so seriously interferes with the right of another to control it that the actor may justly be required to pay the full value of the chattel.
Chapter 3 Privileges
A. Consent
· Permission, authorization, approval, agreement
· Two types of consent
o Expressed – Words, writing, physical actions
o Implied – Silence can be implied consent, or doing nothing, can be implied by the situation
· Actions outside the given guidelines of the activity are not considered consented to.
o Football
· A doctor can be charged with battery if he acts outside the realm of the patients’ consent.
o Unless patients immediate welfare is at stake, life saving conditions
