Intentional Contacts
A 5-year-old child pulls a chair away right as an elderly woman begins to sit down, knowing with substantial certainty that she will fall and hit the ground
What is Battery? (Legal intent is established when the actor acts with substantial certainty that harmful or offensive contact will result, as seen in Garratt v. Dailey)
A clerk reaches angrily across a counter toward a customer, threatening to touch her, though the wide counter physically prevents him from reaching her
What is Assault? (Assault requires an intentional offer to touch in an angry manner that creates reasonable fear or apprehension of imminent contact, per Western Union Telegraph Co. v. Hill)
A company sends millions of unauthorized bulk emails that flood and noticeably slow down a private server network
What is Trespass to Chattels? (Intentionally interfering with personal property causing impairment of condition, value, or usability constitutes trespass to chattels, as established in CompuServe v. Cyber Promotions)
A passenger stands silently in a ship's vaccination line, watches others receive shots, and holds up her arm to the physician without speaking
What is Apparent Consent? (Conduct reasonably understood by another as expressing willingness constitutes apparent consent, as ruled in O'Brien v. Cunard S.S. Co
A defendant engages in harassing conduct, but the plaintiff fails to prove that his resulting distress reached an unendurable leve
What is Failure to Prove Severity of Harm in IIED? (Liability for IIED arises only when emotional distress is so extreme that no reasonable person could be expected to endure it, as held in Harris v. Jones)
A hunter shoots a neighbor's dog while out hunting, honestly believing the animal is a wild wolf
What is Trespass to Chattels or Conversion? (An honest mistake does not excuse liability when a person intentionally commits an act that damages another person's property, per Ranson v. Kitner)
A manager holds an employee in an office to question her about missing cash and states, "If you walk out that door right now, I will call the police"
What is NOT False Imprisonment? (Threats of future action, such as calling police later if someone leaves, are insufficient to constitute false imprisonment, per Morales v. Lee)
A car salesman holds onto a customer's vehicle keys and refuses to return them when the customer asks to leave
What is Conversion? (Withholding a plaintiff's keys and preventing control of their vehicle constitutes conversion, per Russell-Vaughn Ford v. Rouse)
A severely intoxicated individual agrees to participate in a dangerous initiation ritual
What is Invalid Consent due to Lack of Capacity? (To be effective, consent must be given by someone who possesses legal capacity and mental ability to appreciate the nature of the conduct; intoxication removes capacity, per Davies v. Butler
A grocery store clerk makes rude, insulting comments about a customer's appearance in front of other shoppers
What is NOT Intentional Infliction of Emotional Distress (IIED)? (Mere insults, bad manners, or abusive language are insufficient to meet the extreme and outrageous conduct standard, per Slocum v. Food Fair Stores of Florida
During a heated dispute, A throws a heavy object intending to strike B, but B ducks and the object strikes C instead
What is Battery under Transferred Intent?
(Under transferred intent, an actor who intends to strike one person but accidentally hits another remains liable for battery to the second victim, as illustrated in Keel v. Hainline)
A police officer arrests a dog owner for failing to produce a dog license upon demand, even though failing to show a dog license is not a criminal offense under the law
What is False Arrest / False Imprisonment? (False arrest arises when a person is taken into custody by someone claiming legal authority they do not actually possess, as in Enright v. Groves)
A neighbor steps onto your lawn believing in good faith that the property line lies ten feet further north
What is Trespass to Land? (Trespass to land requires only physical invasion of another's land and intent to enter that physical space, regardless of honest mistakes regarding boundary lines)
A layperson falsely pretends to be a medical assistant to gain entry into a private home during a medical procedure
What is Invalid Consent due to Deception/Fraud? (Consent obtained through deceptive misrepresentation of material facts is invalid, as demonstrated in DeMay v. Roberts
A victim of ongoing harassment files suit after years of repeated abusive acts
What is a Continuing Tort? (When IIED arises from a continuous pattern of conduct, it is treated as a continuing tort, meaning the statute of limitations runs from the last injurious act, per Feltmeier v. Feltmeier
A defendant angrily snatches a camera directly out of the plaintiff's hands without touching the plaintiff's skin
What is Battery? (Unpermitted contact with an object connected to or held by the body is actionable as contact with the person, per Picard v. Pontiac)
A city blocks off one sidewalk for a parade, leaving open alternative public paths around the block to reach the destination
What is NOT False Imprisonment? (False imprisonment requires restraint within fixed boundaries without a reasonable exit; partial obstruction with reasonable alternative routes is not imprisonment, per Bird v. Jones)
An individual buys a stolen piece of equipment in good faith, and later refuses to return it when the true owner demands it back
What is Conversion? (A person is liable for conversion if they exercise unauthorized control over property and fail to return it upon demand, even if they originally acquired it without knowing it was stolen, per Henson v. Reddin)
A patient consents to a minor knee procedure, but while under anesthesia, the surgeon performs an unconsented major hip operation
What is Battery due to Exceeding the Scope of Consent? (Consent extends only to the conduct contemplated by the consenting party and does not cover unconsented non-emergency procedures
Railroad guards negligently push a passenger carrying hidden fireworks, causing an explosion that drops a scale onto a bystander standing far down the platform
What is No Duty of Care outside the Foreseeable Zone of Danger? (A defendant owes a duty of care only to foreseeable plaintiffs within the zone of danger, as established in Palsgraf v. Long Island Railroad Co
An institutionalized patient with a severe mental illness strikes a caregiver after delusionally believing the caregiver is an attacker
What is Battery? (A mentally ill person remains liable for an intentional tort if they intended to make harmful or offensive contact, as established in McGuire v. Almy)
A department store guard detains a suspected shoplifter for several hours without questioning him or checking receipts
What is Loss of Shopkeeper's Privilege / False Imprisonment? (The shopkeeper's privilege requires that detention be conducted in a reasonable manner and for a reasonable period of time; excessive duration forfeits the privilege, as shown in Dillard Department Store v. Silva)
Borrowing a classmate's laptop for ten minutes without permission versus taking it on a three-week trip across the country without permission
What distinguishes Trespass to Chattels from Conversion? (Trespass to chattels involves minor intermeddling or temporary dispossession, whereas conversion involves an exercise of dominion so substantial that justice requires paying full market value)
Under modern rules, a seller sells a replica watch knowing the buyer falsely believes it to be a rare antique original
What is Consent Invalidated by Unilateral Mistake Known to Defendant? (Under the modern approach, a unilateral mistake invalidates consent if it is material and the defendant knows the plaintiff is operating under that mistake
A regional organization uses unpaid volunteers to run an event and retains full control over their activities when a volunteer commits a tort
What is Vicarious Liability for Unpaid Volunteers? (An organization is liable for the tortious acts of unpaid volunteers if it controls and benefits from their conduct, per Moore v. El Paso Chamber of Commerce