Intentional Torts

Elements of Intentional Torts

1. A volitional act by the defendant

2. The necessary intent

3. Causation

Necessary Intent

Δ must act either for the purpose of causing an outcome or with substantial certainty (which is 98% virtual certainty) that the outcome will result.

Transferred Intent

If the underlying behavior of Δ constitutes a tort, then the intent can be transferred to another action that satisfies all elements except for intent

Ranson v Kitner

mistake does not negate liability

Battery occurs when an actor

(i) Intends to cause contact with another person, and (ii) The contact occurs. (iii) The resulting contact is harmful or offensive, and (iv) The other person did not consent

Single and Dual intent in battery

In single intent jurisdictions, which are the majority, the actor must only intend (purpose or substantial certainty) for the contact to occur

In dual intent jurisdictions, which are the minority, the actor must intend both for the contact to occur and that the contact be harmful or offensive

Offensive Contact

Contact considered offensive if it would offend a reasonable sense of personal dignity or offend the victim’s unusually sensitive sense of personal dignity, of which the actor is aware

Brzoska v Olsen

Reasonable standards are not necessarily based on popular perspective

Assault occurs when an actor

(i) intends (ii) to cause harmful or offensive contact or imminent apprehension of such contact, and (iii) the victim is put in imminent apprehension, reasonably.

Standard for Apprehension

A reasonable person would apprehend battery even if actual battery is not possible.

False Imprisonment occurs when an actor

(i) intends to confine the victim within boundaries fixed by the actor, (ii) confinement results, and (iii) the victim is either aware of the confinement or harmed by it

Standard of Confinement

Determined by whether a reasonable person would feel confined, including physical blocking, threats, or holding back personal property.

Shopkeeper’s Privilege

Statutory rights allowing shopkeepers to detain suspected shoplifters under specific conditions.

Intentional Infliction of Emotional Distress (IIED) occurs when an actor

(i) Δ Acted intentionally or recklessly, (ii) Δ’s conducts was extreme and outrageous, (iii) Δ’s conduct caused (iv) extreme emotional distress

Intent in IIED

Δ must act with intent (purpose or 98% substantial certainty) to cause severe emotional distress or with substantial certainty that it will result.

Extreme and Outrageous Conduct

Conduct that is intolerable and beyond the bounds of civilized society.

Courts often consider a) the actor’s position of authority, b) actor’s awareness of victim’s particular vulnerability c) repeated undesirable acts, and d) the actor committing or threatening physical violence

Causation in IIED

The requirement that but for Δ’s behavior, the extreme emotional distress would not have occurred.

Trespass to Land occurs when an actor

(i) intentionally (ii) enters land in possession of another or causes another thing or person to do so, OR (iii) remains on the land after consent is revoked, OR (iv) fails to remove a thing from the land that they are under duty to do so

Intent for trespass to land

The actor need not know that they are trespassing, they only need to intend to be wheere they are

Trespass to Chattels occurs when an actor

(i) intentionally (ii) interferes with another's personal property.

Conversion occurs when an actor

(i) intentionally (ii) exercises control over the chattel of another which so seriously interferes that the actor may be justly liable for the full value of the chattel

Factors determining the seriousness of the interference

1. the extent or duration of the actor’s exercise of dominion

2. actor’s intent to assert a right inconsistent with the owner’s right

3. actor’s good faith

4. extent and duration of the interference with the owner’s right to control

5. harm done to chattel

6. inconvenience and expense caused by the actor

Damages for Trespass

In trespass to chattels, the plaintiff may recover the chattel and damages; in conversion, the plaintiff may recover the chattel and damages or the full replacement value.