INTENT
1. Actor has Purpose/Desire to cause a Consequence/Result OR
2. Actor Knows that it’s Substantially Certain that Consequence/Result will occur
3. Transferred Intent
a) Person to Person
− Same Tort
b) Tort to Tort
– Only 5 “traditional” common law torts: Assault, Battery, False Imprisonment, Trespass to Land, Trespass to Chattels
4. Mistake: No Excuse
Infancy: No Excuse (Unless Incapable)
Mental Incompetence: No Excuse (Unless Incapable)
Intoxication: No Excuse (Unless Incapable)
5.Intent ≠ Motive
6. Must be an “act”
a. Volitional; manifestation of will
b. Distinguish intent to “act” from
i) intent to “cause consequence” and
ii) intent to cause particular injury
BATTERY
1.Elements:
a. Intentional
b. Harmful or
c. Offensive
d. Contact
e. No consent
2. Contact:
a. Body to Body
b. Something closely connected to Body
c. Setting forces in motion that make contact (throwing something)
d. Knowledge/Awareness not required
e. Harmful or Offensive
Physical impairment, even if ultimately beneficial; Pain; Illness
Hostile, Insulting, Violating a Reasonable Person’s Dignity
3. No Consent: Plaintiff must prove as part of prima facie case
ASSAULT
1. Elements:
a. Intentional Act
b. Causing Apprehension of Imminent Battery (HOC)
c. Apparent Present Ability to Make HOC
d. No Consent
2. Apprehension = Awareness, NOT Fear
3. Imminent: No significant delay
4. Words Alone/ Words with Gestures (history/experience)
FALSE IMPRISONMENT
1.Elements
a. Intentional
b. Confinement
c. Plaintiff aware or harm results
d. No Consent
2. Confinement
a. Within boundaries
i) Physical Barrier – lock in a room
ii) Physical Force – holding a person
iii) Words if they create threat of immediate harm. (e.g. threat of physical force if plaintiff leaves confined area or threat to children, property. Makes consent ineffective. – ive got a gun in my pocket.
iv) Assertion of Legal Authority
b. No reasonable means of escape
i) none at all
ii) means but risk harm window 20’ up
iii) means but exposure kids that take clothers during shower
iv) means but risk of property damage
v) means but plaintiff not aware of it and not apparent hidden door, not apparent
3. Awareness OR Harm
a. No claim if asleep, unconscious, blind (if confinement by physical boundaries), deaf (if confinement by words alone) UNLESS
b. Suffer physical harm as a result of the confinement
WEEK 2 WEEK 2 WEE
d outrageous to B for purpose of causing emotional distress to C, C can bring IIED claim against A even if C does not witness A’s conduct and is not a close relative of B.
TRESPASS TO LAND
I. Elements
A. Intentional
B. Entry
C. Into boundaries of land
UP
DOWN
D. Of Another
E. No consent(D’s burden)
III. “Entry”: physical, tangible object goes onto land
But, if particles too small to see, they must accumulate.
III. “Of Another”: Actual & Exclusive Possession
IV. “No Consent”: No permission or permission expires/ is revoked or permission is limited in scope.
V. Harm to land generally not required (except for accumulating particles, then must show actual and substantial damage)
TRESPASS TO CHATTELS
I. Elements
A. Intentional
B. Intermeddling (Make physical contact with; Interfere with; Use; Move)
C. With a chattel (Not land or attached to land)
