Intentional Torts Outline 1
Intentional Torts Outline 1
Who’s liable?
- Insane people are responsible for their torts except when tort requires malice
(mental state) they aren’t capable of.
- Children can be held liable for their torts, too, depending on their age and activity.
- Why? Policy: so that innocent Ps can be compensated.
Transferred Intent
- intent can be transferred from tort to tort and from person to person.
o Only the five torts of trespass
Assault
Battery
Trespass to land
Trespass to chattels
False Imprisonment
Battery
Elements
1. To cause
2. With a purposeful or knowing mental state
3. Intent to cause harmful or offense contact
4. And the contact occurs
Can be battery, even if person isn’t touched directly – Fisher v. Carrousel Motor Hotel,
Inc: P was called Negro and plate was snatched out of his hand. Was invasion of
person, though no physical harm done to him.
Assault
Elements
1. To cause
2. With a purposeful or knowing mental state
3. an imminent apprehension of a harmful or offensive contact on the part of the
P
4. And a reasonable person in similar circumstances would also have had this
apprehension.
Underlying social value: people have a right to live free from fear.
Must have apprehension of imminent harmful or offensive contact. Don’t have to be
afraid.
False Imprisonment
Elements
- To Cause
- Unlawful Restraint
o Either by force or threat of force
Threat of future action not enough
Submitting to persuasion isn’t enough
o Must be aware of the restraint
Dignitary tort
o Can’t be any reasonable means of escape
- Of a person
- By another
- Without legal justification (unlawful)
Trespass to Land
Elements
- Intentional (purposeful/knowing) action
- To cause
- Unauthorized/unlawful entry on land (close) [of the other – don’t have to know it’s
another’s to prove trespass!]
o Above and below the ground
o Access can be limited by time
o Access can be limited by purpose
Damages:
- Nominal damages sufficient for intentional torts
o What is nominal damage? Typically $1.
o Function: but can also attach punitive damages of amount determined by
jury
- Actual damages – actually realized
o Include medical expenses, pain and suffering, lost wages, loss of use or
enjoyment (if talking about property)
Trespass to Chattels
Case: dog snapped at little girl who’d pulled on his ears. Dog’s owner alleged trespass
to chattels, but court said no. No damage to dog.
Closely related to Trespass to Chattels – no hard line between trespass to chattels and
conversion.
Conversion: when a P loses something, D finds and uses it as if it’s his own. (Converts
for use)
Consent
A defense of privilege
Look at the mental state of P
Consent is limited by its scope
Elements of Consent:
1. P must manifest consent in words or conduct
2. A reasonable person under the circumstances would have believed there was
consent (and D actually believed it)
a. Can be express or implied
b. Can’t be induced by fraud
Cases
Self Defense
- D must have been threatened with imminent threat or use of physical force
- Force must have been reasonably apprehended by D
o Must be actual apprehension (subjective
o Must be something a reasonable person would have believed in similar
circumstances.
o D can be mistaken, but if a reasonable person would believe it, it works as
a defense.
P’s intent is irrelevant. It’s what the D believes.
D has burden of proof.
- Force is necessary
o Only degree of force necessary to stop the P, in proportion.
o Verbal threats aren’t force, must be serious threat
Like assault & battery
Defense of Others
Defense of Property
The private rights of the individual must yield to the considerations of society.
- imminent danger
- apparent necessity
o risk is real, action is necessary
- reasonable person standard
- have liability – but limited to actual damages, no punitive damages, no nominal
damages.
Property you’re acting to protect is more valuable than the property destroyed. (Not for
the greater public good, but for private purposes.)