intentional torts

what is the foundation of all torts

LA Civil code art. 2315  provides

• A.  Every act whatever of man that causes damage to another obliges him by whose fault it happened to repair it.

The LA supreme court maintains that Intentional tort exists when 2 things are true:

1. The actor consciously desire the physical results of his act

2. The actor knows that the results of his actions are substantially certain to follow from his conduct

Substantially is certain, out of jurisprudence requires more than just the act itself, what is it?

1. It is reasonable probably that an injury will occur form your conduct

2. It is inevitable

3. Virtually sure

4. Incapable of failing

how does Harmful or offensive conduct can occur et it does not constitute a battery.

there is general rule that states there is a general amount of conduct between persons that is allowed because of the nature of being in society

what are the elements of battery

(1) he acts intending to cause a harmful or offensive contact with the person of the other ..., and
(2) a harmful contact with the person of the other directly or indirectly results [or]
(3) an offensive contact with the person of the other directly or indirectly results.

what are the elements of Assault

(1) He acts intending to cause a harmful or offensive contact with the person of the other or a third person, or an imminent apprehension of such a contact, and

(2) The other is thereby put in such imminent apprehension

 

·        Mere words do NOT constitute an assault!

·        Assault is an attempt to commit a battery, or the INTENTIONAL PLACING OF ANOTHER IN REASONABLE APPREHENSION OF RECEIVING A BATTERY

what are the elements of FALSE IMPRISONMENT

(1) the defendant intended to confine him,
(2) the plaintiff was conscious of the confinement,
(3) the plaintiff did not consent to the confinement and
(4) the confinement was not otherwise privileged.

what are the elements to Trespass to Land

(1) entering land in the possession of another or causing a third person or thing to enter the land
(2) remaining on land after the possessor withdraws consent for one to be on the land, or
(3) failing to remove something from land possessed by another that one is under a duty to remove

what is the elements of INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

(1) that the conduct of the defendant was extreme and outrageous;

(2) that the emotional distress suffered by the plaintiff was severe; and

(3) that the defendant desired to inflict severe emotional distress or knew that severe emotional distress would be certain or substantially certain to result from his conduct.

what are the elements to trespass to chattel

(1) he dispossesses the other of the chattel, or
(2) the chattel is impaired as to its condition, quality, or value, or
(3) the possessor is deprived of the use of the chattel for a substantial time, and
(4) bodily harm is caused to the possessor, or harm is caused to some person or thing in which the possessor has a legally

what are the elements to conversion

(1) extent and duration of control
(2) defendant's intent to claim a right to the property
(3) defendant's good faith
(4) harm done and
(5) expense or inconvenience caused.