Torts Outline

Torts Outline

I. Intentional Torts

A. Intent

1. Action was meant with purpose
2. Knowledge with substantial certainty of the outcome of the action
3. Intent can transfer.
a. If a throws stick at b with the intent of hitting b but instead hits c, a’s intent to hit b transfers and becomes a’s intent to hit c.
1. Talmage v. Smith
b. As long as Plaintiff can prove that defendant cold form the requisite intent a mentally ill person can be liable for intentional torts
1. McGuire v. Almy

4. Some things are considered so dangerous that there is absolute or strict liability regardless of the intent.
a. Spano v. Perini
5. Totality of the circumstances leads to the establishment of knowledge with substantial certainty
a. This can include age and experience of children

B. Battery

1. Elements of Battery
a. Intentionally cause a harmful or offensive contact
1. In order to be considered intentional the act must have been done for the purpose of causing the contact or apprehension or;
2. With knowledge on the part of the actor that such contact or apprehension is substantially certain to be produced
3. Intent on the part of the actor does not have to be to cause an injury but can be to cause a harmful or offensive contact
4. The least touching of another in angry is battery
5. There are socially accepted contacts such as;
Contact between people in a crowded stairwell
Wallace v. Rosen
6. Offensive contact is a societal decision
7. P only has to prove the contact was offensive not just harmful
Fisher v. Carousel Motor Lodge
b. To plaintiffs person

c. Or some logical extension of plaintiffs person
1. Objects which are intimately connected to a person such as;
Glasses, cane, objects held in hand
Fisher v. Carrousel Motor Lodge
d. Without consent or reasonable privilege
Husband could kiss wife but not a stranger
A doctor performing a procedure that was consented to by patient

C. Assault

1. Elements of Assault
a. Intentionally by an overt act
b. Directed towards the plaintiff
c. To cause plaintiff to reasonably believe (become apprehensive)
d. That the plaintiff would immediately suffer a battery
e. Where the defendant possesses the apparent present ability to carry out the battery.

The Plaintiff only has to reasonably fear that the D could carry out the assault

Example: D approaches P from behind. D puts finger in P’s back and says get me money out of the ATM or I will shoot you. (P reasonably believes that D has the ability to carry out the assault)

Non-Example: I am going home and I will be back in 10 minutes. If you are still here I am going to kill you. (There is no reasonable fear of immediately suffering a battery)

D. False Imprisonment

1. Elements of False Imprisonment
a. Intentionally by acts or threats
Hardy v. Labelle Distributing
The fear of losing one’s job does not qualify
b. Causes plaintiff to be totally confined
c. For an unreasonable amount of time
d. Within boundaries- physical or intangible
Whitaker v. Sanford
e. And the boundaries are established by the Defendant
f. With no reasonable means of escape
g. Plaintiff must have knowledge of the confinement or be harmed by the confinement
Parvi v. City of Kingston
Physical restraining, threats against you, threats against family, or threats against objects of value, verbal restraining, can all be forms of restraint.

Example:
If you leave this room I will kill your family
If you leave this block I will blow your car up
A person physically holding you in a certain place
A person is driving and will not stop to let you out of the car

Non Example:
Any case that does not establish a boundary
A claim for