The Basics
This is the "type of tort" we are focused on for this class
What is Intentional Torts?
These are the four elements of battery:
What is:
1. Volitional act
2. Intent to cause contact (harmful or offensive)
3. Causation (does cause bodily contact)
4. Contact is either harmful or offensive?
The elements of assault.
What is:
1. Volitional act
2. Intent to cause harmful or offensive contact - or imminent apprehension of such contact (no significant delay of expected contact)
3. Causation - it puts other in apprehension of imminent battery
The elements of False Imprisonment
What is:
1. Voluntary act
2. Intent to confine
3. Causes confinement
4. Harm (usually awareness of confinement)?
True or False
Offensiveness is objective.
TRUE
Refer to Paul v. Holbrook and Cohn v. Smith
These are the four elements intentional torts have in common.
What are
1. Voluntary Act
2. Intent
3. Causation
4. Injury to protected interest (harm)?
True or False?
A voluntary act means the same thing as an intentional act
(Hint - Bazley v. Tortorich)
FALSE!
A voluntary act does NOT mean the same thing as an intentional act.
True or False
Apprehension means fear
FALSE
Apprehension is the "expectation" or "awareness" of harm
True or False
Length of time confined and motive for the confinement matter.
FALSE
These are the two ways to show intent.
This is a private or civil wrong/injury, other than breach of contract for which the court will provide a remedy.
What is a tort?
Unlike in criminal law, these two types of people can and are held liable for their torts.
Bonus if you can describe the cases discussed in class!:)
What are minors and mentally challenged?
Another way to describe assault as it relates to another intentional tort.
What is threatened battery or failed battery?
The three key elements of "Shopkeeper's Privilege".
1. Reasonable grounds (probable cause)
2. Reasonable means
3. Reasonable length?
These are some of the damages that resulted from False Imprisonment.
What is loss of time, physical discomfort/inconvenience, resulting physical harm?
The two purposes behind why there is tort law.
What is corrective justice and social unity/instrumentalism?
True or False:
Intent in a tort is considered based on the subjective standard
TRUE
True or False
Words alone can be an assault
FALSE - words "together with other acts or circumstances that put the other in reasonable apprehension of imminent harmful or offensive contact with his person" constitutes assault
This is how confinement may be classified.
1. Force
2. Threat of force
3. Duress?
Actual physical contact is not necessary to constitute a batter, so long as there is contact with clothing or an object closely identified with the body.
What is extended personality?
This is how a voluntary act is defined.
What is a manifestation of an actor's will that produces consequences?
This is all that is necessary to meet the intent element in a battery claim.
Hint - this rule comes from Wagner v. State
HYPO:
A little-known fact about Vellony is he has always had a vendetta against Professor Degroff. So, one day Vellony heads up to Degroff's office to give him a piece of his mind. Vellony opens the door, barges in with his orange baseball bat in hand, and starts telling Degroff how he better retire soon otherwise he said "I will beat you up!". Poor Degroff was so afraid, that he hid under his table and started praying.
Analyze.
1. Volitional Act: V knew he wanted to go give Degroff a piece of his mind
2. Intent to cause harmful or offensive contact - or an imminent apprehension of such contact: he was holding his bat and said "I will beat you up"
3. Causation - Degroff was hiding under his desk praying
DAILY DOUBLE
HYPO:
As Brauch and Duane are walking to their vehicles in the Robertson Hall parking lot, Duane makes a comment that he is a much better professor and lawyer because he went to Harvard Law. Now, Brauch has already had a really rough day because a certain gunner has been asking questions all morning in his torts section... Filled with annoyance and rage already, Brauch decides he wants to report Duane to Dean Lingo for his comment. Worried Duane may drive away in his car, he searches for a way to keep him from fleeing. Then he sees his perfect opportunity to trap Duane - the Wienermobile is in the Robertson Hall parking lot. Brauch grabs Duane (pretty easily actually, since he's so tiny), opens the Wienermobile door (it's just his luck that it's open), and locks him in from the outside! Duane has no way out and is rattling off his last wishes and wills on a Wienermobile napkin he found in the center console! Brauch gets Dean Lingo to tell him about what Duane said and brings him into the parking lot. When they get there they have a good laugh:)
Analyze.
Voluntary Act: B had full awareness that he wanted to grab D and lock him in the Wienermobile
Intent to confine: B knew he wanted D to be confided so B could tell L before D could drive away
Causes Confinement: B threw D into the Wienermobile
Harm (usually awareness of confinement): D was writing out his will while he was confided - he was aware of his confinement
Let's say a victim is not aware of her confinement, this is how she must prove false imprisonment.
What is proving she suffered physical harm?