Intentional Tort

Question 1

TORT IN GENERAL (Including Intentional Torts)

DEFINE

Answer 1

Article 2315 defines TORT as every act where a man causes damage to another by his own fault is obliged to repair it.

Question 2

TORT LAW TOPICS

LIST ALL

Answer 2

TWELVE (12):
1 - Negligence
2 - Vicarious Liability
3 - Workers' Compensation
4 - Products Liability (LPLA)
5 - Wrongful Death and Survival
6 - Premises Liability
7 - Medical Malpractice
8 - Negligent Infliction of Emotional Distress 
9 - Battery and Assault
10 -Governmental Immunity
11 - Allocation of Damages
12 - Choices of Law

Question 3

INTENT

DEFINE

Answer 3

PURPOSE OR SUBSTANTIAL CERTAINTY
Offender desires consequences of his act (on PURPOSE) or
Offender knew consequences of act were reasonably certain (Substantial Certainty)

INTENT is measured by the defendant or tortfeasor’s SUBJECTIVE state of mind. (Negligence is an OBJECTIVE state)

Question 4

IMPORTANCE OF INTENTIONAL TORT

LIST ALL

Answer 4

Workers’ Compensation Immunity - Exception with INTENTIONAL TORT by employer or employee

Scope of Liability - may extend to UNFORESEEABLE AND UNINTENDED consequences

Proof of Damage - NOT REQUIRED for many INTENTIONAL TORTS

NO heightened or additional damages for INTENTIONAL TORTS

Question 5

TRANSFERRED INTENT

EXPLAIN

Answer 5

Under certain circumstances, INTENT can transfer:
One Tort to another (to/from battery, assault, false imprisonment, possibly trespass, trespass to chattel, conversion)

INTENT will NEVER transfer to/from INTENTIONAL INFLICTION OF EMOTIONAL HARM.

Question 6

TYPES OF INTENTIONAL TORTS

LIST

Answer 6

1. Intentional Torts Against Person
2. Intentional Torts Against Property
3. Reputational and Informational Torts
   a. Defamation
   b. Invasion of Privacy
   c. Malicious Prosecution
   d. Abuse of Process

Question 7

INTENTIONAL TORTS AGAINST PERSONS

LIST

Answer 7

1 - Battery

2 - Assault

3 - False Imprisonment

4 - Intentional Infliction of Emotional Distress (IIED)

Question 8

BATTERY (INTENTIONAL TORT AGAINST PERSON)

DEFINE AND LIST ELEMENTS

Answer 8

DEFINE: Intentional CONTACT that is harmful and offensive

ELEMENTS (THREE)
(1) INTENT - PURPOSE OR SUBSTANTIAL CERTAINTY of CONTACT that is harmful and offensive (actually harmed or offended not
necessary)
ie: CEO administers electric shock as practical joke (intent was offensive even though not intended to inflict
actual damages) - Intentional tort of employer eliminates employer immunity.
Intent to assault or falsely imprison will suffice for intent to batter

(2) CONTACT - must be TOUCHING (of plaintiff’s person) or CONTACT (something closely connected to person)
(3) HARM/OFFENSE - Contact must be reasonable considered by ordinary sensibilities as HARMFUL or OFFENSIVE

Question 9

ASSAULT (INTENTIONAL TORT AGAINST PERSON)

DEFINE AND LIST ELEMENTS

Answer 9

DEFINE: Intentionally created reasonable APPREHENSION of an imminent battery.

ELEMENTS: (THREE)
1 - Reasonable APPREHENSION of imminent Battery
2 - INTENT - PURPOSE OR SUBSTANTIAL CERTAINTY of causing the reasonable APPREHENSION of an imminent Battery or
intent to batter.
3 - APPARENT MEANS - tortfeasor must reasonably APPEAR to have means to complete Battery.

COMPARE WITH BATTERY:
Battery and Assault - two separate TORTS but can occur together
if plaintiff reasonably believes there is imminent harm and it occurs (Battery AND Assault)
(point gun - ASSAULT; pull trigger - BATTERY)
(points gun but never fires - ASSAULT)
(shoots plaintiff in back - BATTERY)

Question 10

FALSE IMPRISONMENT (INTENTIONAL TORT AGAINST PERSON) 
DEFINE AND LIST ELEMENTS

Answer 10

DEFINE: Intentional ACTUAL CONFINEMENT of plaintiff

ELEMENTS: (TWO)
1 - INTENT PURPOSE OR SUBSTANTIAL CERTAINTY of CONFINEMENT or transferred intent.
2. ACTUAL CONFINEMENT - complete confinement is NECESSARY
reasonable means to escape eliminates liability.
Indirect confinement could be actual confinement (seize car keys from plaintiff in isolated area)

Question 11

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (INTENTIONAL TORT AGAINST PERSON)
DEFINE AND LIST ELEMENTS

Answer 11

DEFINE: Intentional Infliction of Emotional Distress (IIED) recognized based on case law (see White v. Monsanto)

ELEMENTS (FIVE):

1. SPECIFIC INTENT PURPOSE OR SUBSTANTIAL CERTAINTY: must desire to inflict SEVERE emotional distress or be certain SEVERE emotional distress would occur.
2. EXTREME/OUTRAGEOUS BEHAVIOR - defendant’s conduct BEYOND a society’s reasonable toleration
3. CAUSATION - conduct must cause plaintiff’s emotional distress (usually obvious that defendant’s conduct was substantial factor)
4. SEVERE - distress must be severe; minor emotional upset is insuficient.
5. PRESCRIPTION - if IIED extends over a period of time, prescription DOES NOT START until the continuous conduct ENDS.

Question 12

TRESPASS TO LAND (INTENTIONAL TORTS AGAINST PROPERTY

DEFINE AND LIST ELEMENTS

Answer 12

DEFINE: Intentional INTERFERENCE WITH IMMOVABLE

ELEMENTS (TWO)

1. INTENT (PURPOSE OR SUBSTANTIAL CERTAINTY) to enter the property of ANOTHER (not there own).
   i. e. mistakenly entering the wrong house still has requisite intent for trespass
2. ENTRANCE physically onto another’s land either by defendant or by something PUT into motion defendant

Good/Bass Faith Trespass
Good - due to necessity or without knowledge (only responsible for actual damages)
Bad - knowledge and without necessity (may owe nominal damages even WITHOUT actual damages)

Question 13

TRESPASS TO CHATTEL AND CONVERSION (INTENTIONAL TORTS AGAINST PROPERTY
(DEFINE AND LIST ELEMENTS)

Answer 13

DEFINE: damages to chattel requiring a “forced sale” creates a conversion while lesser damages create a trespass to chattel

ELEMENTS (TWO)
1. INTENT (PURPOSE OR SUBSTANTIAL CERTAINTY) to interfere with owner’s DOMINION or USE/ENJOYMENT of the chattel.
2. INTERFERENCE - either substantial DOMINION or DAMAGE to another’s chattel MUST be shown
extent or severity dictates whether CONVERSION or TRESPASS TO CHATTEL applies.

Damages:
For Conversion - the value of the chattel
For Trespass - compensate for damage or use (i.e. lost rental value)

Question 14

INTENTIONAL INTERFERENCE WITH CONTRACTUAL RELATIONSHIP (INTENTIONAL TORTS AGAINST PROPERTY
(LIST ELEMENTS)

Answer 14

ELEMENTS:

1. CONTRACT - contract or legally protected interest between plaintiff and third party must exist
2. KNOWLEDGE - defendant must have knowledge of contract
3. INTENTIONAL INTERFERENCE - intentionally induce or cause third party to breach contract or intent to render its performance impossible or more burdensome.