Intentional Torts
Big Idea
Big Idea
Define specific intent.
The actor desires to cause the consequences of his act [specific intent].
Actor intends to cause
harmful or offensive contact upon
another without consent or privilege
+ contact results.
Restatement (2d)
What is battery?
Interests protected
What is ...emotional well-being and mental integrity?
Elements of False Imprisonment.
What is intent to confine, actual confinement, plaintiff was aware or harmed/injured, and confinement against plaintiff's will [without consent]?
IIED Requirements/Elements
1. Extreme and outrageous conduct
2. Intentionally or recklessly
3. Causation: conduct distress
4. Distress is severe
Trespass to land defined.
Intentional entry onto boundaries of another's land without consent or privilege.
What is "personal property or goods?"
Define general intent.
The actor believes that the consequences are substantially certain to result [general intent]
Policies or purposes underlying battery.
(3 Part Answer)
1. Protects personal dignity and
autonomy
2. Policy of keeping the peace
3. Deterrence of anti-social behavior
Requirements/elements of Assault.
Intended to + does:
1. Place person in apprehension of
2. Imminent
3. Unconsented battery
[Restatement Torts (2d) § 21]
Policy underlying false imprisonment.
What is "protect personal freedom of conduct, action, and movement?"
Name common examples of IIED.
•Abuse of power, position (collection agency)
•Defendant fits within class of “special relationship” [common carrier, innkeepers]
•Vulnerable persons: children, elderly, pregnant
•Defendant has knowledge of person’s weakness, sensitivity
Interest protected.
Elements of Trespass to Chattels
Use or intermeddle with chattel without consent.
1) Impair value, condition of property
2) Or deprive possessor of use for substantial time
3) Or possessor is injured
What does subjective intent show?
Subjective intent shows state of mind.
Interpretation issues with defining "offensive" contact.
What is:
•Context, setting relevant
•Based on social norms, expectations;
•Objective test of reasonableness, not personal opinion or subjective
Element necessary for assault that is not needed for battery.
What is Awareness?
Intent to Confine.
What is/are:
• Physical barriers
• Threats of force
• May include force against property
• Breach of duty to release
Problem Areas.
1. Causation: tracing the distress to the actor’s conduct
2. Proof: particularly where no bodily injury
3. Avoiding fictitious or trivial claims
4. Objectifying distress: reasonable and justified?
5. Defining boundaries for liability
Requirements or Elements.
1) Where an individual enters land in possession of another, or causes a person or thing to do so;
2) An individual remains on the land of another without consent; or
3) An individual fails to remove something from the land of another when the individual had/has a duty to remove.
Rationale.
What is the protection of possessory interests in personal property?
How do you prove general intent?
Proven using objective evidence and drawing inferences from conduct and surrounding circumstances.
Interpretation issues in defining "harmful" contact.
What is:
•Personal contact without consent
•Don’t need to be harmed severely
•Party may not even be aware [ex. Surgery]
•Extends to anything attached to person [Fisher]
•Doesn’t require a blow, but may set a force in motion [Garrett v. Dailey]
Measure of apprehension (who's perception matters).
What is ...
-appearent reality of Plantiff subjectively
Actually Confined.
What is/are:
• Boundaries fixed by D
•Totally confined, not just blocked
•No reasonable means of escape [known to P]
•Immediate
•No set amount of time; duration affects $
•Moral persuasion not enough
Rationale.
Owner/possessor has the right to exclude others form land and to set conditions of entry onto premises.
What two interests are protected?
A) the value of property itself
B) Loss of use of property
Rule that says "we take a person how we find them."
What is the "eggshell plaintiff rule?"
Timing element of assault explained.
Timing must be "imminent."
-without significant delay
-without intervening force
-not a future threat
not a conditional threat
Escape as a defense to claim of F.I.
Not actionable if reasonable means of escape is known or readily discoverable by the party being confined.
Reasonable: time, place, manner, setting
Intent required?
Volitional act to enter the property.
NOTE: good faith or mistake is not an excuse.
Differentiate trespass to chattels with trespass to land.
For land, just need invasion of interest.
For personal property, need actual harm.
Liability attaches for intentional torts
even though the actor intends to invade
a legally protectable interest of one
person but instead causes harm to a
different party.
What is transferred intent?
Harm and Remedies.
Harm is not required; sufficient that the individual/trespasser entered the property without permission.
Remedies:
--recover actual or nominal damages
--recover profits (lost crops)
--prohibit future interference with possession of land with injunction.
Remedy.
Recover actual value/damages for diminution in value and/or loss of use.
Types of Torts that Transferred Intent applies to.
(5 part answer)
1. Assault
2. Battery
3. False imprisonment
4. Trespass to land
5. Trespass to chattels
Distinguish nuisance from trespass.
Nuisance protects the use and enjoyment of land; requires substantial and unreasonable interference.