Intentional Torts Flashcards
Prima Facie Case Requirements
- Act by defendant
- Intent
- Causation
Definition of Act by Defendant
A volitional movement on defendant’s part.
Definition of Specific Intent
An actor “intends” the consequences of his conduct if his goal in acting is to bring about these consequences.
Definition of General Intent
An actor “intends” the consequences of his conduct if he knows with substantial certainty that these consequences will result.
Does the actor need to intend Injury
- The intent of the actor that is relevant for purposes of intentional torts is the intent to bring about the consequences that are the basis of the tort.
- A person may be liable even for an unintended injury if he intended to bring about such “basis of the tort” consequences.
Definition of Transferred Intent
Where the defendant intends to commit a tort against one person but instead:
- Commits a different tort against that person
- Commits the same tort as intended but against a different person.
- Commits a different tort against a different person.
Torts That Can Invoke Transferred Intent
- Assault
- Battery
- False Imprisonment
- Trespass to Land
- Trespass to Chattels
Definition of Causation
- The result giving rise to liability must have been legally caused by the defendant’s act or something set in motion thereby.
- The causation requirement will be satisfied where the conduct of defendant is a substantial factor in bringing about the injury.
Prima Facie Case for Battery - Elements
- An act by the defendant which brings about harmful or offensive contact to the plaintiff’s person.
- Intent on the part of the defendant to bring about harmful or offensive contact to the plaintiff’s person.
- Causation.
Definition of Harmful or Offensive Contact
- Whether any given contact is to be construed as harmful or offensive is judged by whether it would be considered harmful or offensive by a reasonable person of ordinary sensibilities.
- Contact is deemed “offensive” if the plaintiff has not expressly or impliedly consented to it.
Meaning of “Plaintiff’s Person” - Battery
For purposes of battery, anything connected to the plaintiff’s person is viewed as part of the plaintiff’s person.
Definition of Causation - Battery
The defendant is liable not only for direct contact, but also for indirect contact. It will be sufficient if he sets in motion a force that brings about harmful or offensive contact to the plaintiff’s person.
Battery - Apprehension Necessary?
No, a person may recover for battery even though he is not conscious of the harmful or offensive contact when it occurs.
Battery - Actual Damages Required?
No, it is not necessary to sustain a prima facie case for battery that the plaintiff prove actual damages.
Prima Facie Case for Assault - Elements
- An act by the defendant creating a reasonable apprehension in plaintiff of immediate harmful or offensive contact to plaintiff’s person.
- Intent on the part of the defendant to bring about in the plaintiff apprehension of immediate harmful or offensive contact with the plaintiff’s person
- Causation
Assault - Construction of “Apprehension” - Requirement of Reasonableness
The apprehension of harmful or offensive contact must be a reasonable one. In determining whether the apprehension in a given case is reasonable, the courts will usually apply a reasonable person test.
- Apprehension here is used in the sense of expectation.
- The plaintiff must have been aware of the defendant’s act.
- It is not necessary that the plaintiff know who the defendant is at the time of the act.
- A person may be placed in reasonable apprehension of immediate harmful or offensive contact even though the defendant is not actually capable of causing injury to the plaintiff’s person.
- Words alone generally do not constitute an assault.
Assault - Construction of “Apprehension” - Requirement of Immediacy
- The apprehension must be of immediate harmful or offensive contact.
- Threats of future contact are insufficient
- Similarly, there is no assault if the defendant is too far away to do any harm or is merely preparing for a future harmful act.
Assault - Definition of Causation
- Plaintiff’s apprehension must have been legally caused by the defendant’s act or something set in motion thereby, either directly or indirectly
Assault - Requirement of Damages?
No, it is not necessary to prove actual damages to sustain a prima facie case for assault.
False Imprisonment - Prima Facie Case - Elements
- An act or omission to act on the part of the defendant that confines or restrains the plaintiff to a bounded area
- Intent on the part of the defendant to confine or restrain the plaintiff to a bounded area
- Causation
Sufficient Methods of Confinement or Restraint - False Imprisonment
- Physical Barriers
- Physical Force - can be directed at plaintiff or a member of his immediate family. An action may also lie if the force is directed against plaintiff’s property.
- Direct Threats of Force
- Indirect Threats of Force
- Failure to Provide Means of Escape
- Invalid Use of Legal Authority - False Arrests, “Shopkeepers Privilege”
False Imprisonment - Definition of “Shopkeeper’s Privilege”
- There must be a reasonable belief as to the fact of theft.
- The detention must be conducted in a reasonable manner and only nondeadly force can be used
- The detention must be only for a reasonable period of time and only for the purpose of making an investigation.
False Imprisonment - Need to Resist?
No, plaintiff is not under any obligation to resist physical force that is being applied to confine him.
False Imprisonment - Time of Confinement
It is immaterial, except as to the extent of damages, how short the time period of the confinement is.
