Intentional Torts & Defenses

Specific intent

acts with the purpose of producing that consequence

General Intent

acts knowing that the consequence is substantially certain to result

Transferred Intent

(1) between torts: assault, battery, false imprisonment, trespass, trespass to chattel (2) between people: meant to strike A, but struck B (Talmage v. Smith)

Battery

1. Intent

2. Harmful or offensive contact with the person (smoke consideration)

Assault

1. Intent

2. Apprehension of imminent harmful/offensive contact (present ability to effectuate the assault)

False imprisonment

1. Intent

2. Confinement within limited area

3. Plaintiff conscious of confinement OR suffers harm as a result

(*cannot have a reasonable means of escape)

Trespass to Chattel

1. Intent

2. Chattel is impaired as to quality, condition or value

3. Possessor is deprived of use of chattel for a substantial time

4. Bodily harm is caused to possessor

5. Harm is caused to some person or thing in which possessor has a legally protected interest

Trespass to land

1. Intent

2. Enters or causes entry of tangible thing or person into land in another’s possession OR remains on land in another’s possession OR fails to remove tangible thing actor duty bound to remove from land in another’s possession

Conversion

1. Intent

2. Exercise of dominion or control over a chattel possessed by another

3. Exercise seriously or completely intereferes with right of the other to control the chattel

Types of consent

1. Actual consent

2. Apparent consent

3. Presumed/Implied consent

Actual consent

Plaintiff:

1. had capacity to consent

2. was free of duress or substantial mistake

3. was subjectively willing for defendant’s conduct to occur

Apparent consent

Would a reasonable person in the defendant’s position believe that the plaintiff had consented?

Consider overt actions and behavior, not internal thoughts of plaintiff

Presumed consent

• actor justified under prevailing social norms

• had no reason to believe the person would not have actually consented to the conduct if the actor had requested the person's consent

Emergency exception to consent

Where plaintiff is incapable of giving consent and faces an immediate threat of serious harm, consent to reasonable treatment is presumed, excusing otherwise tortious conduct

Informed consent

Physician or surgeon must inform the patient of the risks of a proposed medical treatment or surgery

Consent based on deceit or misinformation

NOT valid consent, NOT a defense

Self defense

An actor may use reasonable force (necessary and proportional) to defend himself against a threatened battery when he reasonably believes force is necessary

Defense of others

Mirrors self defense rule

Defense of property

• Use of reasonable force

• To protect from damage or dispossession

• When another person, invader,

• attempts to injure/wrongfully take possession of property (no mechanical device/deadly force)

Shopkeeper’s privilege

1. Reasonable grounds

2. Proper purpose

3. Reasonable manner

4. Reasonable time

5. On premises or immediate vicinity

Public necessity

Private property may be used/destroyed by a public official if it is immediately necessary for the greater public good

No compensation, generally

Private necessity

Private person using property of another to prevent serious imminent harm to themselves or their property

Must compensate the owner

Legal authority

Government officials, police, etc.

Discipline

Parents, teachers, etc.