Intentional Torts

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Four Elements needed in all Intentional Torts:

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• intent,
• act,
• causation, &
• injury

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Intent Definition:

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For defendant’s conduct to be an intentional tort, he has to intend to harm. This can be done through either specific or general intent.

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Specific Intent

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the defendant desired to bring about the (specific) harm

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General Intent

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the defendant had knowledge to a substantial certainty that such harm would be caused by his actions.

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Standard for Intentional torts

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Reasonable Man Standard.
if a reasonable person thought that a particular result was substantially certain to happen, then it can be used to show Intent

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Transferred Intent Doctrine

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The intent that Δ had to commit a specific tort is transferred over to the tort he actually ended up committing, or the intent Δ had to commit a tort against a single individual is transferred over to the person he actually ended up committing a tort against.
• Only works in 5 intentional torts: battery, assault, false imprisonment, trespass to land, and trespass to chattel

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Battery Definition

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An act done by a Δ which is intended to & does bring about physical contact with the plaintiff which is either harmful or offensive.

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Battery Elements:

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A Δ commits Battery if he:

1) Acts with the Intent to cause either “Harmful” OR “Offensive Contact” to another person (like physically hurt them), AND

2) Actual “Harmful” OR “Offensive Contact” with the body of the other person OCCURS, either directly or indirectly.

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Harmful Contact

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Bodily harm is any physical impairment of the condition of another’s body, or physical pain or illness.–Restatement (2nd) § 15

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Offensive Contact

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A bodily contact is offensive if it offends a reasonable sense of personal dignity. –Restatement (2nd) § 19

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Assault Definition

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An Overt Act by the Δ of which the person is Subjectively Aware that is Intended To & Does Create a Reasonable Apprehension of Imminent Battery within the person

• Sometimes considered an unlawful attempt to commit a battery, incomplete by reason of some intervening cause

• There must be an intentional, unlawful, offer to touch the person of another in a RUDE or Angry manner which would under the circumstances create a well-founded fear of an imminent battery.

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False Imprisonment Definition

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An act by Δ that intends to confine a person, without there consent, within a fixed set of boundaries for an appreciable length of time, and during that time, the person is either aware of the confinement or is harmed by it, and the Δ lacks any lawful authority for the confinement.

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False Imprisonment Elements

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(Restatement (2nd) § 35)
1. Defendant acts intending to confine the other or a third person within boundaries fixed by the actor

2. Defendant’s acts result either DIRECTLY or INDIRECTLY in such a confinement of another person

3. The other is conscious of the confinement or is harmed by it

4. Confinement was not consented to or otherwise privileged

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"Confinement" is done by:

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(1) actual or apparent physical barriers,

(2) by physical force or threats of physical force against the person, their immediate family, or their property

(3) or by other duress

***ALL are sufficient for false imprisonment, but MUST have at least one present.***

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It is NOT confinement if:

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1) Δ is only using moral pressure to get person to stay

2) Δ is only blocking a defined area but the person is still free to move.
-----Only FI is there is blockage in all directions

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“Reasonable Means of Escape”=

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Plaintiff is not confined if they know of a way to escape the confinement that a reasonable person would utilize to do so.

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Trespass to Land Definition

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The Intentional, unlawful, physical invasion of real property that is either owned or exclusively possessed by plaintiff

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Locus in Quo

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Place where incident is alleged to have occurred

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“Trespass” Definition

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the unlawful entry on the land of another

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Intent Required with Trespass of Land:

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The Δ does not have to have the intent to commit the unlawful act of entering the property, but simply needs to have the intent to do something that will ultimately result in the unlawful invasion of another’s property (like wandering in the woods).

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Invasion Definition with Trespass of Land:

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i. A person invades the land if they either enter the land themselves, or cause a physical object to go on the property (like a ball). Non-physical things like odors or pollutants do not count.

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Trespass to Chattel Liability:

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You are liable for Trespass of Chattel, IF:
1. You dispose owner of chattel, or
2. Chattel is impaired as to its condition, qualities or value, or
3. The owner is deprived of use of their chattel for a substantial amount of time, or
4. Owner is harmed, or someone or something is harmed that owner has a legally protected interest in

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Conversion of Chattel

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An intentional exercise of dominion or control over a chattel which so seriously interferes with the right of another to control it that the actor may justly be required to pay the other the full value of the chattel. – Restatement (2nd) § 222A

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Chattel Definition

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A person’s property

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Ways Conversion can be Committed (4):

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i. Dispossessing another of their chattel
ii. Destroying or altering another’s chattel
iii. Misdelivering a chattel
iv. Refusing to surrender a chattel

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Major Considerations in Conversion Actions:

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i. Seriousness of interference
ii. Whether plaintiff wants to continue to possess chattel after action

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Factors used to determine if Chattel was Converted (6):

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1) the extent and duration of the actor’s exercise of dominion or control
2) the actor’s intent to assert a right in fact inconsistent with the other’s right of control
3) the actor’s good faith
4) the extent and duration of the resulting interference with the other’s right of control
5) the harm done to the chattel
6) the inconvenience and expense caused to the other.

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Intentional Infliction of Emotional Distress Definition

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Δ has to commit extreme or outrageous conduct that is either intended to cause severe emotional distress, or is done with recklessness, and this conduct is the actual and proximate cause of the person’s emotional distress.

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Extreme & Outrageous Conduct Definition:

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Conduct that passes all bounds of decency which a civilized society will tolerate, which would cause a reasonable person of ordinary sensibility or firmness to suffer severe emotional distress

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Severe Emotional Distress Definition:

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More Distress than a Reasonable Person can be expected to endure, under all the circumstances.

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Physical Injury Requirement:

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Physical Injury is not required but the court may look for physical manifestations of distress to count towards the distress’s severity.

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Who can sue for bystander IIED?

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Δ is subject to liability if he intentionally or recklessly causes severe emotional distress:
1. To a member of such person’s immediate family who is present at the time, whether or not such distress results in bodily harm, or
2. To any other person who is present at the time, if such distress results in bodily harm.