• Battery
• Assualt
• False Imprisonment
• Intentional Infliction of Emotional Distress
• Trespass to land
• Trespass to Chattels
• Conversion

What are the elements of an Intentional Tort?

• Voluntary Act (Defendant not liable for involuntary acts)

• Intent

  • Desires that his act will cause the harmful result

  • Knows with substantial certaincy that such harm will result from his/her conduct 

• Causation

• Harm

• No Privilege or Defense

Transferred Intent

• If a defendant acts with the necessary intent to inflict certain intentional torts, but for some reason causes injury to a different victim than intended, the defendant's intent is "transferred" to the actual victim.

"Trasferred intent" applies to which torts?

• Assault

• Battery

• False Imprisonment

• Trespass to land

• Trespass to chattels

Battery (definition)

• A battery is an intentional act that causes a harmful or offensive contact with the plaintiff or something closely connected thereto.

Battery (Elements)

Defendant must either:

• Desire to cause an immediate harmful or offensive contact;

or

• Know such contact is substantially certain to occur

Does the plaintiff need to be aware of the contact to bring a cause of action for battery?

• No, in battery the plaintiff need not be aware of the contact.
  • There must be knowledge of an action for an assault

Assault (definition)

• An assault is an intentional act that causes plaintiff to experience reasonable apprehension of an immediate harmful or offensive contact.

Assault (elements)

Defendant must:

• act with the desire to cause an immediate harmful or offensive contact or the immediate apprehension of such contacy, or know that such a result is substantially certain to occur.

• Subject to a reasonable person test (would a reasonable person in the same position as plaintiff would have experienced the same apprehension)

Fasle Imprisonment (definition)

• False Imprisonment is an intentional act that causes the plaintiff to be confined or restrained to a bounded area against the plaintiff's will, and the plaintiff knows of the confinement or is injured thereby

False Imprisonment (Elements)

Defendant has the requisite intent for false imprisonment if he:

• Desires to confine or restrain plaintiff to a bounded area

or

• Knows that such confinement is virtually certain to occur.

False Imprisonment (types of confinement)

• Physical Barriers

• Failing to release plaintiff where defendant hasa legal duty to do so

• invalid assertion of authority

• False arrest

What are the time requirements for a false imprisonment?

• There is no duration of confinement required
  • A very brief confinement will suffice, though the duration of the confinement may affect the amount of damages.

Does a Plaintiff have to resist a Defendant who uses physical force in a false imprisonment?

• No, the Plaintiff is under no duty to resist if the defendant uses or makes a credible threat to use physical force.

What are the limitations on an escape route for false imprisonment?

·         To be reasonable, the means of exit must not expose Plaintiff to any:

•  
  •  threat of harm to her/his person or property, and
  • it must not expose the plaintiff to embarrassment, unreasonable discomfort, or require her/him to be heroic.

What two categories of people are generally not required to be aware of their confinement, and can still recover for false imprisonment?

• Infants

• Incompetents

Intentional Infliction of Emotional Distress (definition)

• intentional or reckless act amounting to extreme and outrageous conduct that causes plaintiff severe mental distress.

Intentional Infliction of Emotional Distress

the intent is satisfied by...

 Intent satisfied by:

o        Intent to cause harm

o        Substantial certain that harm will result

o        Recklessness (only intentional tort that allows reckless behavior to satisfy elements)

IIED

Define outrageous conduct

• Outrageous conduct à beyond the bounds of decency, action that civilized society will reject

IIED

What are the two situations for liability?

·         Two situations for liability:

o        Situation 1à (1) P is present when D does something extreme and outrageous to a third person (2) D is aware of P’s presence, and (3) P is close family relative to 3^rd party that is target of D’s extreme and outrageous conduct

o        Situation 2 à (1) P is present when D does something extreme and outrageous to a third person (2) D is aware of P’s presence, and (3) shock of witnessing is so horrible that it causes the P to suffer bodily injury rather than emotional distress (i.e. heart attack, stroke, miscarriage)

Trespass to land (Remedies)

·         Remedies:

o        Nominal damages (to vindicate property rights)

o        Restitutionary remedies (unjust enrichment)

o        Equitable remedy (injunction)

o        Compensatory damages

o        Possibility for punitive damages

Trespass to Land (Definition)

• intentional act that causes a physical invasion of P’s land (punitive available)

Trespass to Land (Elements)

·         Intent to enter property

·         Entry of person or thing

·         Must be P’s land (possession or right to take immediate possession)

In Trespass to land, is the defendant still liable for damages to a plaintiff's property if they entered the land in necessity?

·         Even if defense of necessity available, D is till liable for damage to private property

·         D will not be liable for trespass in an emergency situation