I.
Intentional Torts A. Meaning of Intent 1. 2. B. Desire to act Substantial Certainty that act will have harmful outcome
Intentional Torts: Plaintiff’s Case 1. Battery a. 1. An act with 2. intent to cause a contact w/ a person which is harmful or offensive or w/the intent to cause the imminent apprehension of such contact 3. causing 4. a harmful or offensive contact w/the person b. c. Offensive: objective: would a Rx person’s sense of dignity be offended Harmful: Subjective: if harm come from an intentional act to cause contact (intent to harm is insignificant) d. Imminent Apprehension: objective standard Notes: It is not necessary to make physical contact with person (i.e. snatching something from P’s hand in an offensive manner is sufficient) Minors are held to the same standard as adults Insane people are held to the same standard as long as they are capable of entertaining, and have entertained, the intent 2. Assault a. 1. An act with 2. intent to cause a contact w/ a person which is harmful or offensive or w/the intent to cause the imminent apprehension of such contact 3. causing 4. a reasonable imminent apprehension of such contact. b. c. Issue: What constitutes a reasonable apprehension? It is not necessary for D to have actual ability to carry out threatened contact 3. False Imprisonment a. 1. An act 2. w/the intent to confine w/in boundaries 3.causing 4. confinement w/in boundaries and 5. P’s
awareness of the confinement [or P’s harm from such confinement]. b. What constitutes confinement? What makes for a reasonable means of escape? How large an area can one be confined to? Does fear of embarrassment or other non-physical consequence =confinement? c. If victim is not aware of the confinement there is no false imprisonment 4. IIED a. 1. An extreme and outrageous act 2. intentionally [or recklessly] 3. causing 4.severe emotional distress. b. COA exists when one, absent any privilege, intentionally subjects another to mental suffering (usually fear needs to manifest itself physically) c. Act needs to be done with the purpose of causing the distress or w/knowledge that distress is substantially certain to occur d. e. i. ii. Line b/w “emotional distress” and “severe emotional distress” 3rd Party IIED: present family member 3rd party who suffers physical consequences resulting from ED iii. iv. 5. Trespass to Land a. 1. An Act 2. w/the intent to enter or remain upon land 3. causing 4. the entry or remaining on land in which P has a possessory interest by D or a third party person or thing. b. The law infers some damage from every unlawful entry onto another’s land—even if no actual damage if harm done to X is meant to cause ED to P D must be aware of P and conduct must be outrageous and intentional
c.
Trespass need not be by a “thing” or “object” but if trespass by something invisible damage must be actual and substantial (not just nuisance)
d. Immediate Reach Rule: the air/land w/in immediate reach (usable) above/below surface. i. Difference b/w urban (don’t own b/c subway, etc.) and rural (probably do own caves, etc.) undergrounds e. f. g. Damages need not be foreseeable to be compensable Privileged entry onto land may be limited by time, space and/or purpose members of protected minorities may demand service at a restaurant until served w/o committing trespass (Civil Rights Act 1964) 6. Trespass to Chattels a. Intentionally using or intermeddling (intentionally bringing about physical contact) w/the chattel in possession of another b. c. damage 7. Conversion a. Intentional dominion or control over a chattel that so seriously interferes w/the right of another to control it that the actor is required to pay the full value of the chattel. b. Points to Consider/Important Terms Transferred Intent: Within the original 5 torts (1,2,3,5,6) the intent to commit any of the torts to any person or thing transfers to the committing of a different tort to any other person or thing harmed. Same as 6(a) and 6(b) except to a greater degree Innocent mistake is not a defense Interference: must be actual damage to the chattel Dispossession: No actual damage required
Not usually charged: Neg. usually charged in property
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Reasonable: objective standard, “would a reasonable person…” Prima Facie Case: evidence P must establish to prove his case (the elements). Affirmative Defense: reason prima facie elements are not good enough for judgment for P
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Substantive Defense: challenges one of the elements Stare Decisis: “Let the decision stand:” previous rulings of courts that are mandatory influence on current court’s decision C. Priveleges 1. Consent: a. b. Explicit: Stated or agreed to, “I consent” Implied: Unable to consent (unconscious, etc.) but if could, the law assumes he would i. one’s actions can constitute implied consent if one doesn’t resist (the immigrant getting the shots) c. Limitations on Consent i. Coerced: “let us beat you or we’ll beat your mother” ii. Fraudulently Induced: i.e. joining a church that doesn’t reveal its policies iii. No Capacity: unconscious iv. Minors: sometimes can, sometimes can’t -Three Factors: Age, Intelligence, Experience 2. Self-Defense: Anyone is privileged to use reasonable force vs. an immediate threatened battery a. Words as threat need to be put in context to decide if
they are an immediate threat 3. Defense of Others: Stand in Shoes Test: if in the shoes of the other person you would be allowed to defend yourself a. Reasonable Mistake is acceptable 4. 5. 6. Defense of Property: Must be a reasonable force-can never involve serious bodily injury Recovery of Property: If the pursuit is fresh Necessity
a.
Public: can interfere with property rights if one reasonably believes it’s necessary to avert public disaster
b.
Private: Must pay damages