7.1 Intentional Torts

Battery Elements

1. Intent to make harmful or offensive contact to another person or anything connected to him

2. That actual contact

A person is holding a briefcase and a football while sitting in his car. Is there liability for battery if someone intentionally makes harmful or offensive contact with the car?

Yes (anything physically connected to that person that you intentionally make harmful or offensive contact with leads to liability for a battery)

T/F: A purely accidental contact that is harmful and not offensive can constitute a battery.

F (NEED intent)

Battery

Offensive contact is offensive to whom?

a reasonable person

Assault Definition

Intentionally causing reasonable apprehension of an imminent harmful or offensive contact.

Assault

"apprehension" means what?

awareness

Assault

"imminent" harm means what?

immediate

Assault

Is actual contact required for an assault to occur?

No

Assault

• How will you know if it's a reasonable apprehension?

• How will you know if it's imminent?

The facts will tell you.

Assault

When you see a gray area in the facts—like whether there was reasonable apprehension or an imminent harmful or offensive contact—what do you do?

Pick the answer most closely related to the gray area because that’s what’s being tested—the issue is your ability to identify the gray area in the first place, not to figure out yes or no.

Trespass to chattel definition

Intentionally interfering with P using his personal property

The tort of trespass to chattel involves [..1..] interference or [..2..] harm to personal property.

temporary, minor

In a trespass to chattel claim, the defendant is liable for the […] caused by the interference.

actual damages

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Look for:

• Diminished Value of the Chattel

• Loss of Use

• Cost to Remedy

• Economic Losses: like lost business opportunities, such as lost rental income if commercial property (like equipment) was unusable due to the trespass.

• Bodily Harm

Trespass to chattels

How will you know what the actual use, damage, or harm is to the property?

They'll tell you.

Trespass to chattels

What are they generally testing you on?

damages

Conversion definition

Intentionally interfering with the use of another's property, causing the it to be destroyed, lost, or gone

• (i.e. converted because you're never getting it back)

Conversion

Does D need to have some sort of evil intent to destroy?

No.

Could be taking your phone to make a call, dropping it and destroying it

Conversion damages are what amount?

FMV at conversion

Conversion damages: how will you know how much it was worth at the time of the conversion?

They'll tell you

The distinction between trespass to chattel and conversion is what?

Seriousness of the interference

Trespass to land definition

Intentionally and physically entering another’s land

T/F: To be liable for trespass to land, a defendant must know they are on someone else's property.

F

Trespass to Land

Is damage to the literal physical land required?

No

IIED elements

1. Intentional or reckless conduct

2. That is extreme/outrageous

3. Causing severe emotional distress

——————————————————————

1. i/r

2. e/o

3. sed

IIED

Reckless conduct means acting with […], meaning D knew or should have known his conduct would cause distress.

malice

IIED: Physical harm required?

No

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1. i/r

2. e/o

3. SED

IIED Bystanders

Path 1: Close Family Member

• Close family member of victim

• Present at the scene

• Severe emotional distress

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Path 2: Any Bystander

• Present at the scene

• Severe emotional distress

• Emotional distress resulted in bodily harm

IIED Bystander Case Theory #2

Any bystander who suffers PHYSICAL harm.

False imprisonment definition

Intentionally confining plaintiff to a bounded area

While plaintiff is aware of the confinement.

The "bounded area" element of false imprisonment requires that there be no [...] means of escape.

reasonable

T/F: A person can be liable for false imprisonment even if the plaintiff was unaware of the confinement.

F (the plaintiff MUST be aware of the confinement)

Shopkeeper's Privilege

The merchant's detention must be reasonable 3x:

1. …

2. … and

3. …

1. suspicion

2. manner

3. time

Negligent trespass to land—elements

1. Negligently entering

2. another’s land

3. causing damage

Negligent trespass to land

What happens if you negligently drive onto someone’s property but you don't cause any damage to the property?

No liability

NIED elements

1. Negligent conduct

2. Plaintiff in zone of danger

3. Severe emotional distress

4. Severe PHYSICAL harm

NIED: how will you know if plaintiff was in the zone of danger?

They’ll tell you.

NIED: Can P recover for severe emotional distress alone?

No! (physical harm required)

NIED Bystander

Requirement for bystander recovery

Same as IIED Close Family Member Bystander

A defendant who negligently mishandles a [..1..] is liable for the emotional distress of surviving family members, even if the family members don’t suffer [..2..]

corpse

physical harm.

A plaintiff's […] to the defendant's conduct is a complete defense to an intentional tort.

consent

Consent can be [..1..] (given in words) or [..2..] (inferred from conduct or circumstances).

express, implied

Consent: defendant's conduct must not […] the scope of the consent.

exceed

Self-defense requires what belief?

reasonable belief someone will hurt you

Self-defense justifies the use of what?

Proportionate force

Defense of others—requirement

Reasonable belief it's necessary to defend someone

T/F: A homeowner may use deadly force to stop a thief from stealing their car.

F (defending property → deadly force)

Defense of property—essential bullet points (3)

• Reasonable force allowed

• No deadly force unless deadly force is thrust upon you

• Reasonable belief in preventing the bad thing to your property

Defense of property: I can't use deadly force, unless

deadly force is thrust upon me

Necessity typically relates to what torts?

trespass to land

trespass to chattel

Private Necessity

There's no other action for you to take. You have to come onto someone’s land out of necessity to save your [..1..] or [..2..] from serious harm.

person, property

If you successfully assert private necessity for trespass, you are still liable for […]

actual damages caused to the property

Public necessity allows a person to enter another's land to avert an […]

imminent public disaster

If you successfully assert public necessity for trespass, you are NOT liable for […]

ANY damage to property

Never apply a defense to an intentional tort unless the question does what?

Asks you about a defense