Torts (Intentional)

Components of an Act

will to commit the act

voluntary movement

Types of Intent

specific

general

transferred

What is specific intent?

purposefully causing a consequence

what is general intent?

being susbtantially certain that a consequence is likely to occur based on one’s actions

What do you need to establish intent?

An act

a specific type of intent

a direct correlation between the act and the consequence (aka the injury or harm)

What is battery?

a non-consensual, intentional and offensive or harmful touching of another without lawful justification

What do you need to establish battery?

Intentional

Contact

That is Harmful or Offensive

Done to a Person of Another

And that there is a correlation between the contact and the harmful/offensive touching

types of contact

direct

indirect (something a defendant puts in motion)

What is the difference between harmful and offensive touching?

harmful touching results in illness or injury while offensive touching harms a person’s dignities (i.e smoke in someone’s face)

what do you need to establish assault?

an intentional attempt

to cause imminent

apprehension

of harmful or offensive contact

with a person of another

and there is a correlation between this act and the imminent apprehension

Does apprehension have to be to the body?

No, can be threat to person nearby/family

Do conditional threats count as imminent?

No, conditional words alone do not lead to assault. There must be a threat an action could take place right then and there

what is need to establish false imprisonment?

an intentional act

within a fixed boundary

without means to escape

confined by some sort of restraint

without consent of the entrapped or harm has come to the person being confined

and with causation

What type of means to escape lead to false imprisonment?

known but unreasonable confinement (i.e able to see a window, but climbing out of 40th story building and attempting to get to the ground is unreasonable)

unknown and reasonable (i.e being trapped in a walmart with emergency exits but not being aware of the exits existence)

unknown and unreasonable (i.e a vent that leads to a main public area exists within a room, but cannot be seen by the common eye)

what is “unreasonable” escape?

if the escape would cause harm to you or your property (i.e ruining expensive dress for red carpet event)

OR

if it was offensive to you (i.e running naked through the halls)

what can constitute a restraint?

a threat

physical force

physical barrier

or duress

what if there is consent to the confinement?

then harm/damage must occur in order to bring forth false imprisonment claim

what is needed to established IIED

an actor must act in an extreme or outrageous way

this act must be in an intentional or reckless manner

the act must cause severe emotional distress

What helps establish severe emotional distress

1. Physiological manifestations (vomiting, headache, weight loss/gain etc) 

2. Psychological manifestation (sleeplessness, depression, anxiety etc) 

3. Sought out medical treatment, diagnosis or disorder (such as PTSD, clinical depression etc) 

4. Duration or intensity of the elements listed above 

5. Impairment to day to day functions

can a bystander claim IIED?

yes, if it is a family member who is present at the time of the event and suffers severe emotional harm

no, if it is a non-family member unless bodily harm occurs

what is needed to establish trespass to land?

intentionally

entering land in the possession of another OR

causing a thing or 3rd person to enter the land OR

remaining on the land OR

failing to remove from the land the thing which one is under duty to remove

what is assault?

the threat or use of force on another that causes that person to have reasonable apprehension of imminent harmful or offensive contact

what is false imprisonment?

the intentional restraint or attempt to restrain another in a bounded area without legal authority, justification or consent

what leads something to be outrageous conduct?

beyond the bounds of society; a reasonable person would think “thats outrageous!”

what is trespass to land?

a person is liable if they enter land of another, or place an object on another’s land

Does belief of ownership/mistake matter in trespass to land?

No, only have to intend to enter the land

what is trespass to chattel?

the act of committing, without lawful justification, any act of direct physical interference with personal property (or chattel) possessed by another

what is conversion?

same as trespass to chattel, but the chattel is destroyed/ severely damaged or the rightful owner is deprived of possession/use of the chattel

Does mistake/belief of ownership matter in trespass to chattel?

no, same as trespass to land

What are the different defenses for intentional torts?

consent

self defense

defense of others

defense of land/recovery of property

shopkeeper’s privilege

public or private necessity

What are the 2 types of consent?

explicit/actual

implicit

how can one establish implicit consent?

through apparent actions, such that a reasonable person would infer consent was involved (i.e playing a game)

presumed through contact based on social norms (i.e a high-five)

in an emergency situations where risk of serious bodily harm or death is present and the purpose of the conduct is to prevent that risk. And that the defendant believes the conduct is necessary to prevent imminent danger/harm

what is ineffective consent?

consent disclosed under mistake, fraud, or concealment of material fact

What are some situations were consent becomes invalid?

• someone is incompetent and therefore unable to provide consent (minors in some cases)

• some is intoxicated and the person seeking consent is aware of the intoxication

• is a person exceeds the scope of the initial consent

• a person terminates or withdraws their initial consent

• consent is obtained via fraud, duress, or mistake

what is the proportionality principle?

an actor may use force proportionate to the interests the actor is protecting and the injury/harm threatened by the other

what is the castle doctrine?

there is no duty to retreat or use deadly force, when you are in your own home; however there must be some risked posed to the actors body or another in the home

what privileges use of reasonable force in terms of self defense?

1. The character and reputation of the attacker 

2. The belligerence of the attacker 

3. Difference in size and strength of parties 

4. Whether there was an overt act by the attacker 

5. Whether serious bodily harm is threatened 

6. Whether a peaceful retreat was possible

can self defense be claimed if consent is present

no, see Richard v Mangion

can an agressor claim self defense?

not typically, unless he retreats/withdraws and communicates his withdrawl verbally or via his own actions

defense of others rule

the defender must reasonably believe that the party he is defending has the privilege of self defense and defenders actions are necessary to protect 3rd party

when you can you defend land or property?

if there is a threat to property or person

for the purpose of ejecting a trespasser

Can you use deadly force when protecting your person/property?

only if there is serious threat of harm/death

can you use deadly force to eject a trespasser?

no, you can never use deadly force to protect property

can you use reasonable force to eject a trespasser?

yes, if a demand is made or if there is substantial harm