Intentional Torts

1. Battery

2. Assault

3. False Imprisonment

4. Intentional Infliction of Emotional Distress (IIED)

5. Trespass to Land

6. Trespass to Chattels and Conversion

7. Negligence?

Garratt v. Dailey (1955)

Kid (5yrs) pull chair from under adult. Remand for clarity of intent based on his age.

Ranson v. Kitner (1889)

D shots P's dog thinking it was a wolf. Judgement affirmed for P even though damages were caused by a mistake.

Talmage v. Smith (Mich. 1894)

D threw stick at 3rd party and hit P. Though it was intended for 3rd party and they were trespassing on sheds, he is still liable b/c he used unreasoanble force and intended to hit 3rd party, thus "Transferre of intent" to P.

Battery

1) Intent to cause harmful contact or imminent apprehension on P or 3rd party (includes transfer of intent)

2) Harmful contact w/ the person directly or indirectly results

Sencond Restatement

(Sect. 19 - Offesive contact definition)

In order for contact to be offensive it must offensive to a reasonable person's reasonable sense of personal dignity. (reasonableness standard)

Cohen v. Petty (1933)

P was passenger in D's car. P claims D failed to exercise reasonable care in operating the car. D claims he got sick and then lost control. Court rules for D b/c P failed to show failure to exercise reasonable care.

Fisher v. Carrousel Motor Hotel

Assault and battery can result even when the offensive contact isn't with the person's body but something closely related (clothes) in this case snatching a plate from his hand.

Spano v. Perini (1969)

The blasting case, was there negligence, answer is no, they did everything to prevent the blast from causing damage (use this case carefully when citing for authority)

Vosburg v. Putney  (1891)

The kick case. The court said because the kick happened in school room rather than on playground and after the class was called to order the intent was therefore unlawful and damages could be recovered.

Negligence vs. Battery & Assault

Negligences results in an initentional act, assault and battery there is an intentional act to cause harm.

Spivey v. Battaglia

The Unsolicited Hug - The court said that a reasonable man couldn't have expected paralysis to result from a teasing hug so it isn't assault or battery but is negligence and is responsible for reasonably forseeable consequences.

False Imprisonment

1) Willful detension

2) without consent

3) without the authority of law

Grant v. Stop-N-Go Market of Texas, Inc. (1999)

Man in convenience store held for shopplifting for an unreasonable amount of time and didn't feel free to go b/c store owner said he would call the cops. Court ruled in his favor based on false imprisonment.

Assault

1) If actor acts intending to cause harmul or offensive contact or imminent apprehesion to a person or 3rd party.

2) imminent apprehesion results

Western Union Telegraph Co. V. Hill (1933)

The reach across to counter for a kiss to "fix her clock" - Person has to be a a distance (w/o obstruction) for a reasonable person to assume there could be contact, resulting in imminent apprehension.

The Shopkeeper's Privilege

(most states have this privilege)

1) A reasonable belief the person has stolen or is attemptin to steal

2) detention for a reasonable period of time (typically 10 to 15 mins)

3) detention is in a reasonable manner

(the threat of firing doesn't constitute gounds for false imprisonment)

Intentional Infliction Of Emotion Distress (IIED)

1) Conduct must be intentional or reckless

2) conduct must be exteme and outrageous

3) there must be a causal connection between the wrongful conduct and emotional distress

4) the emotional distress must be severe that no reasonab;e person could endure it

Harris v. Jones (1977)

Speech Impediment Teasing - Distress wasn't severe enough to establish the SEVERE emotional distress element of the tort. He was only "shaken up".

Jones v. Clinton

Emtional Distress from a Superior in a Hotel Room - Jones didn't show she suffered extreme emotional distress because she didn't go see a doctor or mental health doctor.

Alcorn v. Anbro

Truck driver called a "nigger" by his superior. Racial slurs are IIEDs

Intel Corp. v. Hamidi

Hamidi sends emails through Intel's email system. Court says it isn't a trespass b/c the emails caused do harm to Intel's computer system, hardware or software.

Privileges

The defendant bears the burden of both producing proof to support the privilege defense and persuading the court of is validity.

Privilege of Consent

If if consent is not communicated but if there was a willing state of mind then it exsists. Exceptions include if the person is not of age to consent, a mistake of consent was made (wouldn't have consented if D provided more info) or the person wasn't of a right mind (drunk, mentally ill, fraud, under duress, etc.)

O'Brien v. Cunard Steamship Co.

While on a boat woman held up her arm while discussing vaccinations with doctor. Court said it could be inferred to be consent because she didn't object and under the quarentine card.

Restatement meaning of consent

1) Consent is a willingness for an action to occur. It can be manifested by action or inaction and need not be communicated.

2) Words or conduct must be reasonably understood to be intended as conduct.

Hackbart v. Cincinnati Bengals

After a football play ended D struck P in the back of the neck. The court said that because it wasn't conduct under the rules and customs of the game and was after the play ended the consent defense doesn't work nor the "assumption of risk" when consenting to play sports.

Christman v. Davis

Dentist performed a less invasive surgery once the patient was under once he saw the surgery consented to was excess. Court said that consent was there because the procedure was just less invasive and didn't require further consent as it resulted in similar medical outcome.

De May v. Roberts

Woman giving birth (p) to a baby agreed to let a man be in the room who she thought to be the doctor's assistant. The court said that the consent can't be upheld because the man was there under a fraudulent/mistaken indentity (had she known she wouldn't have consented).

Hogan v. Tavzel

Wife sues ex-husband for giving her herpes. The court says it is a battery because there was no consent because wife consented based on false info, a mistake about the nature and quality of the invasion intended.

Shooting in self-defense

More states allow people to use deadly force against an unlawful forcefully intruder. Also when in a public place no need to retreat before using force with force.

Scott v. Bradford

Medical malpractice for uninformed consent P must show: 1) D failed to inform P of a material risk before securing consent, 2) if P had known the material risk he wouldn't have consented, 3) the material risk P wasn't informed of occured as a result of the treatment. The "reasonable patient" standard.

Courvoiser v. Raymond

Lehmann V. Toys R Us

The court instituted the "reasonable woman" standard in determining if sexual harassment was outrageous enough to be a violation of sexual discrimination.

Privilege of Self-Defense for third parties

 Only when 3rd parties are protecting family members or aquaintances.

Katko v. Briney

Springloaded shotgun in an old farmhouse. The court says you can't use force that will cause serious bodily harm or death to protect land or chattels unless there is a threat to personal safety.

Self-Help Privilege

Can only use this privilege if he acts promptly while sense of the immediacy, if immediacy is lost there can be no self-help. Also no self-help if mistaken about the chattel taken (shop keeper thinks the check is fake and uses force to recapture the product brought, if the check turns out to be real he can't use this defense.

Vincent v. Lake Erie Transportation Co.

Captian didn't untie boat even though the storm caused the boat to hit the dock and damage it (negligence). The court says that there was no threat of life but rather just saving a more valuable piece of property so he is still liable for damages to the dock. Privilege of necesity only works for saving human life.

Privilege of using reasonable force to disciple a child

Teachers also have this right when acting as in loco parentis. However many states use statutes to overturn this. Other states permit force to subdue to maintain order but not to punish.

Negligence

1) Duty: A duty to act responsibly to avoid causing harm to each other

2) Breach of Duty: P must establish D failed to act resonably

3)Cause-In-Fact:D negligence caused P's harm

4) Proximate Cause:

5) Harm: Tangible harm occured to P

The Learned Hand Formula

If the burden of cost is less than the probabilty times the amount of liability then the step needs to be taken to prevent negligence.

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Vaughn v. Menlove

The hayrick case - There was negligence because he didn't consult others or get advise as a reasonable man would on how to build a safe hayrick.

Delair v. McAdoo

Plaintif was negligent for not maintaining their car tires which lead to a blow out which injured P and his car.

Restatement on skills and knowledge on negligence

If a person has an above skills and knowledge these must be taken into account to determine if the person acted reasonably. The same is not said for people with subpar skills and knowledge.

Cordas v. Peerless Transportation Co.

Man with gun to his head jumped out of car. Negligence not proven because it was an emergency and he had to save his own life.

Trimarco v. Klein

Shattering shower glass - What is usually done is evidence of what ought to be done but what ought to be done is a fixed standard or reasonable prudence whether it is usually compied with or not.

Roberts v. State of Louisiana

 Blind person bumps into man - Court held that physical not mental disabilities must be taken into account when determining negligence. Reasonable blind man standard.

Stevens v. Veenstra

Kid wrecks while in a diver's education course - A child performing an adult activity must be held to an adult standard of negligence.