Intentional Torts
What is an "act" for intentional torts?
any minimal volitional movement
What is "intent" for intentional torts? 2 parts
1 D acts with purpose of producing consequence
2 D acts knowing consequence is substantially certain to occur
What is definition of consent?
P's consent (agreement) by words or actions to submit to D's conduct
DEFENSE TO ALL INTENTIONAL TORTS
What is the definition of false imprisonment?
1 D Acts
2 Intending to confine
3 D's act causes P to be confined
4 P is aware of or harmed by confinement
What must P do to establish a duty is owed?
P must establish D owed the P an obligation to take care not to cause type of injury suffered.
What is direct vs indirect contact?
direct is "flesh on flesh" or "flesh on clothes"
indirect is by means of a weapon, tool, trap, or other instrument
For battery, what is offensive contact?
Contact that offends a reasonable sense of personal dignity
What is the test for implied consent? 3 parts
Assess:
1 nature of P's conduct-words/actions
2 time/place/circumstances
3 relationship between parties
When is a person "not confined" because they can escape for false imprisonment?
When P has " a known, safe, and reasonable means of escape"
What type of cases will courts require addtl proof before holding D owed a duty? (HARD CASES)
When D does not act affirmatively or P suffers non-physical injury
What is the known sensitivity rule?
D knows of P's unusual sensitivity to touching and does anyways
For battery, what is the "extended personality" rule?
The touching of anything so connected with the body can be regarded as part of person
When is consent invalid? 2 parts
1 obtained through fraud/ misrepresentation/coercion
2 P lacks capacity to consent (age/mental incapactiy) and a reasonable person in D's position would perceive P's lack of capacity
What is the bounded physical space requirement for FI?
Confinement must be in a bounded physical space, but it may be a non-stationary space.
If boundaries are too broad and permissive of free movement OR if P is barred from taking a particular route/destination, there is NO confinement
Is there a duty to rescue/protect if P is in imminent peril as a result of D's conduct?
D owes a duty to take reasonable care to rescue when D knows or should know that he has, by his own conduct, caused victim to be in imminent peril?
What are the elements of battery in dual intent state?
1 D Acts
2 intending to cause contact with P
3 intending to cause harmful or offensive contact AND
4 D's act causes P to suffer harmful/offensive contact
For battery, what does court use to assess whether contact is "offensive"? 3 things
1 nature of D's conduct
2 time/place/circumstances
3 relationship between parties
THIS IS OBJECTIVE standard
What is the rule for defense of others?
D who ACTUALLY AND REASONABLY believes it is necessary to injure P to avoid imminent injuries to 3rd parties is privileged to use REASONABLE force as necessary to protect 3rd parties
What is the intent requirement for FI?
D must intend to confine
What is a Good Samaritan statute?
Good Samaritan statute immunizes a voluntary rescuer from liability if they perform a negligent rescue.
Rescuer is only liable if they intentionally injure the victim or act recklessly.
For assault, can words or threats constitute assault?
Words can constitute assault ONLY if paired with acts or circumstances that put P in reasonable apprehension of imminent harmful or offensive contact
What is the eggshell skull rule?
Take P as you find them, D is liable for all harm caused even if P has an UNKNOWN susceptibility
What is the precipitation/provocation rule?
D who immediately provokes the confrontation in which defensive force is used is barred from invoking self-defense UNLESS after precipitating D disengages or manifests and intent to disengage
What is the "confinement" requirement for FI?
P must be confined by:
1 by violence, threat, physical barrier
2 within a bounded physical space
3 for any appreciable time no matter how short
What is the Tarasoff rule?
When a therapist determines, or pursuant to the standards of their profession should have determined, that his patient presents a serious danger of violence to another, he owes a duty to use reasonable care to protect an identifiable victim against the danger.