Intentional Torts

"ACT"

Intentional Torts

"INTENT"

Specific Intent: actor intends the consequences of his conduct if his goal in acting is to bring about these consequences

General intent: act intends consequences if he knows with substantial certainty that these consequences will arise

Transferred Intent

D intends to commit a tort against one person but 

1. commits a difft tort against a person
2. commits the same tort against a diff person
3. commits a different tort against a diff person

Intentional Torts

"Causation"

Result is legally caused by d's act or set in motion thereby

Satisfied where the conduct of a defendant is a substantial factor in bringing about the injury

Battery

"Harmful of Offensive Contact"

It would be considered harmful or offensive by a reasonable person of ordinary sensibilities

Offensive: Plaintiff has not expressly or impliedly consented 

False Imprisonment

"Sufficient Methods of Confinement or Restraight

1. Physical Barriers
2. Physical Force
3. Direct Threats of Force
4. Indirect Threats of Force
5. Failure to Provide means of Escape
6. Invalid use of Legal Authority

IIED

"Outrageous Conduct"

Defamation

"Public Figure"

1. Defamatory Language
2. of or concerning the plaintiff
3. Publication
4. Damage
5. Falsity
6. Fault

Defamation & Invasion of Privacy

Defenses

1. Consent
2. Truth
3. Privilege

IIED

"Third Party Recovery"

Negligent Infliction of Emt'l Distress

D creates a foreseeable risk of physical injury to plaintiff either by:

1. causing a threat of physical impact that leads to an emotional distress or
2. directly causes severe emtl distress that causes physical symptoms to plaintiff

Intentional entries

D liable for intentional entries on the land of another

Damage to land is not required

Mistake is no defense

Unintentional Entries

Person isnt liable for trespass for negligent or reckless entries unless he causes damage to the land

Accidental Entries on Land

Shopkeeper's Privilege

• Shopkeeper reasonably beleives theft has occured
• privileged to make a detention in a
  • reasonable manner
  • reasonable period of time

Duty to Control 3rd Party

Generally, no duty UNLESS

• D had control of or authority and
• Ability to prevent Injury

Relationships:

Parent/Child, Employer/Employee, Doc/Patient, Student/Teacher

Duties of Care

Trespasser: unknown: no duty

Licensee: Friend, social guest: warn of known dangers

Invitee: Invited for landowners financial benefit: duty to inspect, and make safe

Attractive Nuisance Doctrine

• Artificial Dangerous condition on land
• Possessor knows or should know of the condition
• Child, bc of youth or immaturity, fails to appreciate danger
• Utility of maintaining dangerous condition slight compared to risk

Negligence per se

Statute designed to

• prevent this type of injury
• protect this class of plaintiff

Respondeat Superior

Employer liable for acts of employee if done within scope of the employment

Generally not liable for torts of independent K'ers

• unless operating business, cannot delegate duty to keep premises safe

Unforeseaable on Superseding causes

1. Acts of God
2. Intentional torts of third parties
3. Intentional Crimes of third parties 

Foreseeable Intervening Causes

Proximate Cause

Automatically Foreseeable

1. Negligent Rescue
2. Subsequent Medic Malpractice
3. Subsequent Disease
4. General Negligence

Defenses to Strict Liability

• Assumption of RIsk
• Adequate Warning
• Product Misuse

Slander per se

Defamatory statement imputes

1. Loathsome Disease
2. Unchastity to a oman
3. Improper conduct in one's trade, business or profession
4. False accusation of a crime

Intentional Interference with a 

Contractual Relationship

• Existence of a contractual relationship or beneficial business relationship btwn P and 3rd Party
• Knowledge of relationship by D
• intent to induce a party to the relationship to breach that relationship
• Damage to Plaintiff