Intentional Torts

Intentional Tort

• Where the known danger ceases to be only a foreseeable risk which a REASONABLE person would avoid, and becomes in the mind of the actor a SUBSTANTIAL CERTAINTY

• Intent to bring about a result which will invade the interest of another in a way that the law forbids

• Not necessarily hostile or harmful intent

General Intent

intent to perform a prohibited act, regardless of the specific result

Specific Intent

intent to commit the act and cause a specific, desired outcome

Battery

• knowing or intentional touching of a person against their will in a rude, insolent, or angry manner

• the intentional, unconsented-to, harmful or offensive physical contact with another person

Crowded World

Common action of touching is NOT battery

Intimate Connection Battery

• It’s not necessary to touch the π’s body or even his clothes

• Only has to be intimately connected

• Plate example

Assault

• For an assault to take place, there must be an intentional, unlawful, offer to touch a person in a rude or angry manner as to create fear of an imminent battery, coupled with the apparent present ability to effectuate the attempt.

• Apparent ability with intent to bring about harmful or offensive contact

• A reasonable person should fear the action, but they must prove the intent reasonably. But feel in imminent danger.

Hit in the face

assault and battery

Hit from behind without knowledge

only battery

False Imprisonment

• Direct restraint of the physical liberty of another without legal justification.

• Force or threat of force to enforce someone.

• The other must be aware that they are being confined.

• Duration of confinement does not matter

Is refused entry into your own house false imprisonment?

No. Must be bound to stay in one area, not restricted from entering one

Elements of False Imprisonment

• intent to confine

• act of confining

• awareness of being confined OR injury occurred

If a π was conscious during confinement, but later forgets, can they still receive damages?

Yes. Only matters that they were conscious of being confined during the confinement.

Two key elements of false imprisonment

1. restraint of an individual against his will

2. unlawfulness of such restraint

What are examples of times where there is NOT false imprisonment?

• persuasion / morality is not false imprisonment

• feelings to stay to clear your name is not false imprisonment

Officers and False Imprisonment

An officer must have a valid warrant or probable cause to make an arrest. If this criteria is not met, then it is false imprisonment.

Is physical force required to show false imprisonment?

No!

4 Elements of IIED

1. the conduct must be intentional or reckless

2. the conduct must be extreme and outrageous

3. the emotional distress must be severe (reasonable person test for severity)

4. there must be a causal connection between the wrongful conduct and emotional distress

Intentional Infliction of Emotional Distress

• act also must be the PRIMARY CAUSE of the severe emotional distress

• must be intent to cause emotional distress or knowledge that the conduct would result in emotional distress to be held liable

• conduct must be intentional and extreme but it also has to create severe emotional distress

• Have to make a distinction between conduct likely to cause mere "emotional distress" and that causing "severe emotional distress."

• There is a right to be free from serious, intentional and unprivileged invasions of mental and emotional tranquility.

Is physical injury required in IIED cases?

No

Meaningless abusive expressions and IIED

Not IIED, mere vulgarities are not enough

Trespass to Land

Interfering with the "quiet, undisturbed, peaceful enjoyment" of a person's land, even without touching the land itself, they are liable for trespass.

Motive does not matter, only intent to interfere with the land

Land

in its legal significance has an indefinite extent upwards as well as downwards; whoever owns the land possesses all the space upwards to an indefinite extent; such is the maxim of the law.

Signs that say “no trespass” (for trespass to land)

this is to not stop someone from coming on your land, but if someone on your land walks on and gets hurt cannot sue you because that person KNEW and AGREED with CONSENT that they are walking on land that prohibits trespassing

Invitation in Trespass to Land

Trespass does not exist if they were invited, but is a trespass if you overstay your invitation.

Booby traps in trespass to land

Setting a booby trap on your land, even for trespassers, is illegal

Property owners have a duty to warn against known, dangerous conditions and are liable if they set a trap that harms someone, even a trespasser.

Trespass to Chattels

There has to be actual dispossess of the person or property. The intent to harm or dispossess.

Trespass to Chattels Elements

One is subject to liability for trespass to chattel if,

1. he dispossesses another of the chattel,

2. the value of the chattel is impaired,

3. the possessor is deprived of the use of the chattel or

4. harm is caused to the possessor of the chattel.

Conversion

• to take and make your own

• someone wrongfully exerts control over another person's personal property, effectively treating it as their own

• Looking at deprivation of property - to take that property, Cause damage, Damage itself does not matter (just intent)

• Ex: For their to be a tort of conversion, documents must be altered and stolen from intended commerce.