Intentional Torts Flashcards
Establishing a prima facie case of assault requires proof of:
An act by the defendant that creates a reasonable apprehension in the plaintiff of immediate harmful or offensive contact.
Setting in motion a force that brought about harmful or offensive contact.
Requisite intent for intentional torts is satisfied when:
The requisite intent for intentional torts (such as battery) is satisfied if the actor knows with substantial certainty that the consequences of her conduct will result.
Generally, one may use reasonable force to prevent the commission of a tort against her property, if use of force is preceded by a request to desist.
Conversion consists of:
(i) an act by defendant interfering with plaintiff’s right of possession in the chattel
(ii) intent to perform the act bringing about the interference with plaintiff’s right of possession,
(iii) causation, and
(iv) damages
Battery requires:
(i) an act by defendant that causes a harmful or offensive contact to plaintiff’s person
(ii) intent to cause the harmful or offensive contact; and
(iii) causation
Trespass to chattels consists of:
(i) an act by defendant interfering with plaintiff’s right of possession in the chattel
(ii) intent to perform the act bringing about the interference with the plaintiff’s right of possession
(iii) causation, and
(iv) damages.
Does the plaintiff need to be aware of the source of the threatened contact for tort liability of assault?
No, why?
because if the plaintiff apprehends an imminent harmful or offensive contact, the defendant who initiated the threat is liable even if the plaintiff does not know the defendant’s location or identify at that point.
Assault (apprehension element)
Explain the element of apprehension for the intentional tort of assault
Words alone typically cannot establish the element of apprehension in a prima facie case of assault. Words alone, no matter how violent, generally cannot create a reasonable apprehension of immediate harmful or offensive contact. Some overt act is usually required. If the words are accompanied by an overt act, like clenching a fist, then apprehension may be proved.
A conditional threat may establish the element of apprehension in a prima facie case of assault. For example, if a gunman, while pointing a gun at a plaintiff, states, “Your money or your life,” then an assault has occurred.
An apparent ability to act may establish the element of apprehension. A plaintiff may be placed in apprehension of immediate harmful or offensive contact, even if the defendant is not actually able to cause harm to the plaintiff. Apprehension will be established if the defendant appears to be able to cause harm to the plaintiff.
The element of apprehension may be established by an expectation of contact. If a plaintiff expects that an immediate contact on her person will occur, then the element of apprehension has been established.
Battery (prima facie case)
Harmful contact or offensive contact as judged by a reasonable person must be proved by a plaintiff to establish a prima facie case of battery. The elements that must be proved to establish a prima facie case for battery are:
(i) An act by the defendant that brings about harmful or offensive contact to the plaintiff’s person;
(ii) Intent by the defendant to bring about the harmful or offensive contact; and
(iii) Causation.
Contact is harmful if it causes actual injury, pain, or disfigurement. Contact is offensive if it would be considered offensive to a reasonable person.
Direct contact with the plaintiff’s body from the defendant need not be proved by a plaintiff to establish a prima facie case of battery. For battery purposes, anything connected to the plaintiff’s person is viewed as part of the person, such as a purse. Indirect contact also will suffice (e.g., the defendant puts something across the plaintiff’s path to cause her to trip).
Apprehension by the plaintiff need not be proved by a plaintiff for battery. A plaintiff may recover even if she was not conscious of the harmful or offensive contact when it occurred. For example, a plaintiff could suffer a battery while under sedation for a surgery.
Actual damages also need not be proved by a plaintiff to establish a prima facie case of battery. A plaintiff may recover nominal damages even if she suffered no actual damages.
A golfer and her instructor were playing golf in a foursome when the golfer became very annoyed with critical comments made by the instructor. To show the other golfers in the group how annoyed she was with her instructor, the golfer stood a few yards behind him while the instructor was teeing off and swung a club at him. The instructor, who was focusing on his shot, was not within range of the club but unfortunately the club slipped out of the golfer’s hands and struck the instructor in the head, injuring him.
If the instructor brings a battery action against the golfer, will he recover?
A. Yes, because the golfer acted intentionally and caused harmful contact to her instructor.
B. Yes, because the golfer intended to cause the instructor reasonable apprehension of imminent harmful contact.
C. No, because the golfer did not intend to cause harmful or offensive contact.
D. No, unless the golfer acted unreasonably in swinging the club at her instructor.
C.
The golfer will not be liable because she did not intend to cause harmful or offensive contact.
