Intentional torts

Torts

When may punitive damages be available in a torts case?

Damages: Punitive damages are available for torts committed with malice

What satisfies the causation element required for any intentional tort?

Causation: Substantial factor

• D’s conduct must be a substantial factor in brining about the resulting harm

What are the required elements for any intentional tort (IE prima facie case)?

1. Act by D

2. Intent

3. Causation

What is the difference between specific and general intent?

Intent: Specific or General

• Specific: Intent to bring about a specific harm

• General: Substantial certainty that tortious conduct will result from D’s act

To which torts does the transferred intent doctrine apply?

Transferred intent doctrine: Applies only to: Assault, battery, false imprisonment, trespass to land or chattel

What is the transferred intent doctrine? How does it work?

Transferred intent doctrine: Arises when D acts with the intent to commit a given tort but:

a. Commits it against a different person than intended

b. Commits a different tort than intended, or

c. Both (a) and (b)

• D’s original intent transfers to the tort actually committed and/or person actually harmed, resulting in D’s liability

What are the required elements for assaults?

Elements:

1. Act by D that creates a reasonable apprehension in P

2. Of immediate harmful or offensive contact to P’s person

3. D’s intent

4. Causation

What effect must D’s act have on P to give rise to assault?

An intentional act by D creating P’s reasonable apprehension of immediate harmful or offensive contact to P’s person, or something closely attached to P’s person (EG hat, cane)

Elements:

1. Act by D that creates a reasonable apprehension in P

   Reasonable apprehension = P has awareness of D’s act and has a reasonable expectation that it will result in immediate harmful or offensive contact to P’s person

2. Of immediate harmful or offensive contact to P’s Person

   P must apprehend an immediate or imminent battery

When will contact be considered sufficiently offensive to give rise to battery?

Harmful or offensive contact by D

• Contact is offensive if it would be considered offensive by a reasonable person and P has not consented

What contact is considered harmful for purposes of batter?

Harmful contact is contact that causes pain, injury, etc

Can indirect contact be sufficient for contact to constitute battery?

Causation: Indirect contact is sufficient: IE causing the force that gives rise to harmful or offensive contact

What are the required elements for battery?

Elements:

1. Harmful or offensive contact by D

2. To P’s person

3. Intent

4. Causation

If P is confined but unharmed, must she be aware of her confinement to give rise to false imprisonment

P must be aware of or harmed by the confinementW

When may a storekeeper detain a suspected theif?

Shopkeepers Privilege: A store may detain a suspected thief if:

1. Store has reasonable cause to believe a theft occurred;

2. Store detains suspect in a reasonable manner (only non-deadly force is permitted) for purposes of investigation; and

3. Detention is reasonable in length and scope

How long must P be confined or restrained to give rise to false imprisonment?

Duration is not important; brief confinement will suffice

Does P’s restraint or confinement have to be physical to give rise to false imprisonment?

Restraint or confinement does not have to be physical

What are the required elements that give rise to false imprisonment?

Elements:

1. Act (or omission) resulting in P’s restraint or confinement

2. P is confined to bounded area

3. Intent

4. Causation

What is the definition of false imprisonment?

An intentional act by D resulting in P’s restraint or confinement to a bounded area

What physical symptom must P suffer from D’s conduct to give rise to IIED?

None: Physical symptoms are not necessary

What non-outrageous conduct may still give rise to IIED?

Conduct must be outrageous to a reasonable person unless:

a. D target P’s known sensitivity or weakness,

b. D’s conduct is continuous or repetitive

c. D targets P who is a member of a fragile class (EG elderly, children, pregnant women), or

d. D is a common carrier or innkeeper

What conduct would constitute extreme and outrageous for IIED purposes?

Extreme and outrageous conduct by D

• Conduct that exceeds the bounds of decency in society

What is the definition of IIED and its required elements?

Extreme and outrageous conduct by D causing P’s severe emotional distress

Elements:

1. Extreme and outrageous conduct by D

2. Severe emotional distress in P

3. Intent or recklessness

4. Causation

Must P always be closely related to the injured person to recover as a bystander for emotional distress?

P is closely related to the injured person

-Exception: this element is not required if P shows that D had a design or purpose to cause P severe distress

What are the required elements for a bystander to recover for emotional distress

Elements:

1. D’s conduct seriously injured or killed a third person

2. P is closely related to the injured person

3. P was present when the injury occurred

4. D knew elements (2) and (3)

5. P suffers severe emotional distress

When may a bystander recover for emotional distress?

A bystander closely related to a person physically injured or killed by D’s conduct may recover for emotional distress

Must D be aware that he trespassed on another’s land to satisfy the intent requirement for trespass?

Intent:

-Intent to enter the land will suffice, even by reasonable mistake

-D does not need to know the land belongs to another

Does D have to physically enter P’s property to be liable for trespass to land?

D enters P’s property or propels an object onto it

-EG D walks on P’s property, throws a ball onto P’s property, chases someone onto P’s property

What damages must P demonstrate to recover for trespass to land?

Note: actual damages no required; compare to trespass to chattel and conversion

What is trespass to land? What are required elements?

A physical invasion of P’s real property by D

Elements:

1. Physical invasion of P’s real property by D

2. Intent

3. Causation

What are the required elements for both trespass to land and conversion?

Elements:

1. D interferes with P’s right of possession in tangible personal property (chattel)

2. Intent

3. Causation

4. Damages

What damages can P recover for conversion by D?

Damages: P must have some loss of use

-Conversion: P can recover full market value at the time of conversion or repossess the chattel (replevin)

What is the difference between trespass to chattel and conversion

Interference:

• Trespass: minor interference or damage

• Conversion: Significant interference or damage that justifies D paying the chattel’s full value

Damages:

• Trespass: P can recover cost of repair or rental value of chattel

• Conversion: P can recover full market value at the time of conversion or repossess the chattel (replevin)