Flashcards in Intentional torts Deck (82)
Intent - definition
Act must be done (1) for the purpose of causing the event, or (2) with knowledge on the party of the actor that such an event is substantially certain to result.
A known risk is not enough. There must be "substantial certainty"
Intent - Mistake
good faith mistake does not negate intent
Age - Intent
Age does not matter so long as the actor is capable of forming requisite intent
Intent - Mental Illness
Does not matter so long as they can fully understand the consequences and intend to commit the act.
Can be a defense for some Torts that require pre-planning but not battery
In some jurisdictions, if one is institutionalized they are deemed unable for form intent
Intent - Voluntary Intoxication
No bearing on intent
Intent - reasonable foreseeablity
If the result of an action is beyond what a reasonable person could foresee - no intent
Transferred intent applies to
Trespass to land
Trespass to chattels
i. Restatement 2nd §9 – Causal sequence by which the actor’s tortious conduct has resulted as an invasion of some legally protected interests of another is such that the law holds the actor responsible for such harm unless there is some defense to liability
Battery - definition
When one intends to cause a harmful or offensive contact with another or a 3rd person, or an imminent apprehension of such contact, and such contact results.
Battery - Harmful contact
any physical impairment of the condition of another's body
Battery - Offensive Contact
Would offend a reasonable person. not liable for hypersensitivity of plaintiff unless defendant knew of the hypersensitivity and acted anyway.
Context important - relationship between parties, time place, will affect whether conduct is considered offensive to a reasonable person
Battery - Crowded World
consent is assumed in all those ordinary contacts which are customary or reasonably necessary to common intercourse of life - ordinary contact in a "crowded world"
No battery for casual jostling
Battery - intimately connected
One not actually touch the other's body to commit battery. Anything that is connected to the hand, or intimately connected to the defendant can be universally regarded as part of the person
Battery - Causation
Actions of D directly or indirectly caused the harmful or offensive touching OR set in force the motion that lead to the harmful or offensive touching.
Liable for injury even if it cannot be foreseen -
Eggshell skull plaintiff - you take the plaintiff as they are
Battery - Damages
Actual Damages not required - nominal, compensatory and punitive damages available
Battery - Intent
Only need Intent to make contact, not intent to cause harm
Battery - Defenses
Consent - Must be specific (operate on right ear not left ear)
HIV - one consents to sex NOT to HIV
Assault - Definition
Liable for assault when (1) one acts intending to cause a harmful or offensive contact with another, OR apprehension of an imminent harmful/offensive contact; AND (2) the other is placed in apprehension of such imminent contact
Battery - Elements of prima facie case
-Intent to cause harmful or offensive contact/ apprehension of imminent contact
-Harmful or offensive contact results
Assault - Elements of prima facie case
- Intent to cause harmful or offensive contact / apprehension of imminent harmful/offensive contact
- Imminent apprehension results
Assault - Volitional Act
Words alone are not enough for assault
Exception - Where circumstances force P to rely on words
"if you turn around I'll shoot you"
Assault - Intent
Intent to cause harmful or offensive contact or apprehension of an imminent harmful or offensive contact.
Transferred intent applies
Assault - Apprehension
-Plaintiff must be placed in REASONABLE apprehension of IMMINENT harmful or offensive touching of P's body
-Fear not required - only apprehension
-Contemporaneous awareness required - Plaintiff MUST be subjectively aware of threat at the time it occurred
-Actual or apparent ability of D must be present
- Must be a threat to D's body, not anyone else's or an object
- D can be liable for assault where he raises apprehension of harm from someone else - "Duck! Bob threw a rock at you"
Assault Conditional Threats
One is still liable for assault if they give the P the option to escape by obedience to a command. UNLESS P is privileged to make such. Assault depends on whether P has legal right to compel P to perform the act in question.
"Stop running or I will tackle you"
Assault - Damages
Actual Damages not required - Nominal, compensatory and punitive are available
Assault - Defenses
False Imprisonment - Definition
P is liable for false imprisonment when he intentionally acts to confine another within the boundaries set by him, and when his actions directly or indirectly result in confinement, and the other is conscious or harmed
False Imprisonment - Elements
- Volitional Act
- Intent to confine another
- Means of escape are unreasonable or impossible
False Imprisonment - Joke
A joke does not negate intent