Intentional Torts: Intentional Torts to Persons

Prima Facie case for Intentional Torts

P must prove: (1) an act by the defendant; (2) intent by the defendant; and (3) causation of the result to the plaintiff from the defendant’s act. The act must be a volitional movement.

Hypersensitivity of Plaintiff

Recovery for intentional torts is only allowed when a reasonable person would be able to establish the claim. (Note: this is separate from the eggshell plaintiff rule).

Incapacity Defense for Intentional Torts

There is no incapacity defense for intentional torts

Intent of the Defendant, Generally

The relevant intent is the intent to bring about the forbidden consequences that are the basis of the tort, not the intent to cause the specific injury that results

Transferred Intent

Transferred Intent applies when the defendant intends to commit a tort against one person but instead: either (1) commits a different tort against that person; (2) commits the same tort against a different person; or (3) commits a different tort against a different person

Limitations on Transferred Intent

Transferred Intent may invoked only if BOTH the intended tort and the resulting tort are any of: assault, battery, false imprisonment, trespass to land, or trespass to chattels

Causation generally

The result must have been legally caused by the defendant’s act or something set in motion by the defendant. Causation is satisfied if the defendant’s conduct was a substantial factor in bringing about the injury.

Testable Elements for Battery

(1) harmful or offensive contact (2) with the plaintiff’s person. Proof of intent and causation are required as in all intentional torts

Harmful Contact

Contact is harmful if it causes actual injury, pain, or disfigurement.

Offensive Contact

Contact is offensive if it would be considered offensive to a reasonable person. Contact that hasn’t been permitted or consented to is usually considered offensive, but consent is implied for the ordinary contacts of everyday life.

Direct or Indirect Contact

Contact may direct, such as striking the plaintiff, or indirect, such as poisoning the plaintiff’s food.

Plaintiff’s Person

The plaintiff’s person includes anything connected to the plaintiff, including the plaintiff’s clothing, purse, cane, or an object they are holding.

Battery: Damages Recoverable

Plaintiff can recover nominal damages for battery even if actual damages aren’t proved. The plaintiff may also recover punitive damages for malicious conduct

Testable Elements of Assault

An act by the defendant creating a reasonable apprehension in the plaintiff of an immediate battery. Intent and causation also required.

Assault Reasonable Apprehension

The apprehension must be one that a reasonable person would experience. Apprehension is not the same as fear or intimidation

Assault: Knowledge of the Act

The plaintiff must have been aware of the threat from the defendant’s act (Helen Keller test) but need not be aware of the defendant’s identity.

Assault: Apparent ability

It is enough for reasonable apprehension if the defendant has the apparent ability to commit a battery

Assault: Effect of Words

Words alone are usually not enough; the words must be coupled with conduct. However, words can negate reasonable apprehension.

Assault: Immediacy

The plaintiff must be apprehensive of an immediate battery, not a battery in the future.

Assault: Damages

The plaintiff can recover nominal damages even if actual damages are not proved. Malicious conduct may permit recovery of punitive damages.

False Imprisonment Testable Elements

(1) An act or omission on the part of the defendant that confines or restrains the plaintiff; and (2) the plaintiff is confined to a bounded area.

FI: Acts sufficient for Confinement or Restraint

Can include: physical barriers; physical force directed against the plaintiff, immediate family, or personal property; direct threats of force; indirect or implied threats of force; failure to release when under a legal duty to do so; invalid use of legal authority.

FI: Insufficient Acts of restraint

Moral pressure; future threats

FI: Time of Confinement

The time of confinement is irrelevant so long as plaintiff is actually confied

FI: Awareness of Confinement

The plaintiff must either know of the confinement or be harmed by it

FI: Bounded Area

For an area to be bounded, freedom of movement must be limited in all directions. There must be no reasonable means of escape known to the plaintiff.

FI: Damages Recoverable

Plaintiff can recover nominal damages even if no actual damages are proved. Punitive damages be recovered if a defendant acts maliciously

IIED Testable Elements

(1) An act by the defendant amount to extreme and outrageous conduct; and (2) the plaintiff must severe severe emotional distress. Plus intent and causation.

IIED Extreme and Outrageous Conduct:

Conduct that transcends all bounds of decency. Conduct that is not normally outrageous may become so if: (1) it is continuous in nature; (2) it is committed by a certain type of defendant (usually job-related); or (3) it is directed toward a certain type of plaintiff, including one with heightened sensitivities that are known to the defendant

IIED Requisite Intent

Unlike for other intentional torts, recklessness is sufficient for IIED

IIED: Damages Recoverable

IIED is the only intentional tort that requires actual damages to be proved. P must show that he suffered severe emotional distress, but proof of physical injury is not required. The more outrageous the conduct, the less proof of damages is required.

IIED: Causation in Bystander Cases

When D’s conduct is directed at a third person, and the plaintiff suffers severe emotional distress because of it, he may recover by showing either the PFC elements or that: (1) he was present when the injury occurred; (2) the distress resulted in bodily harm or the plaintiff is a close relative of the third party; and (3) the defendant knew of these facts