Torts: Element Recall

Intentional Torts

Intentional (purpose to case act) and Volitional (within the actor’s control)

Prima Facie Battery

A) Actor acts volitionally

B) Intends to cause contact with another

C) Contact intended to to be a harmful or offensive type under law

D) The other suffers that contact

E) (Some) courts add lack of consent/affirmative defense

Elements of Contact:

Physicality: direct contact to skin or in extended personality

Harmful (causes physical injury or damages) or Offensive (violates social standards of acceptable touching)

Single Intent:

(Under Wagner) intends contact with person, harmful or offensive contact results

Hybrid Intent Standard (most common)

(Under Vosburg/Cole) Person intends a contact of an objectively harmful or offensive type in that context

Dual Intent

(Under White v. Muniz) D must intend to make contact with P and intend for that contact to be harmful or offensive (subjective desire to harm test)

Person acts with the intend to produce a consequence if:

Intent can be acting with 1) a desire for X to occur or 2) knowledge that action will be substantially certain to lead to X (on spectrum)

Imminent Harm, 3rd Restatement

 A subjective standard is used to measure imminent harm anticipation; needs plaintiff actually anticipating harmful/offensive contact (need not cause fear)