Intentional torts to persons

Question 1

Elements of an intentional tort (4)

Answer 1

Voluntary act
- conscious/willed, not purely reflexive

Intent
- either desires harmful result (purpose intent), or knows w substantial certainty it will occur (knowledge intent)

Causation
- DFT’s act or force set in motion caused PLN’s injury

Harm
- varies based on the tort

Can show injury EITHER by proving specific injury OR proving all the elements

THEN, ask: any privileges or defenses?

Question 2

Transferred intent

Answer 2

If D intends to cause intentional torts to A, but causes injury to B, intent transferred to tort against B.

Applies to: battery, assault, false imprisonment, trespass to land, trespass to chattels

Question 3

Battery

Answer 3

Rule: D causes harmful/offensive contact with P’s person or something closely connected to P

Intent: either desires contact or knows it’s substantially certain to occur

Harmful or offensive contact means:
- inflict pain or impair any bodily function; or
- offensive to a reasonable person
Unlike assault, P need not be aware of the contact

Person or something physically closely connected
- e.g. person’s cane/wheelchair, clothing, purse, backpack

Privileges and defenses: CONSENT

Question 4

Assault

Answer 4

Rule: D intentionally causes P to be in reasonable apprehension of imminent harmful/offensive contact

Intent; purpose or knowledge

Reasonable apprehension: OBJECTIVE test

• reasonable person in P’s position would experience apprehension
• actual possibility of the threat is irrelevant (i.e. brandishing empty gun)
• words alone rarely create assault

Imminent: must be able to occur ALMOST INSTANTLY

Look for words that negate intent. i.e. “If it weren’t illegal, I would hit you”

Question 5

False imprisonment

Answer 5

Rule: D intentionally cases P to be confined to a bounded area, against P’s will, and P knows of the confinement OR is injured by it

Intent: purpose or knowledge

Confinement in bounded area

• can consist of: physical barriers, threats, failing to release after duty arises, invalid invocation of legal authority
• no duration requirement! very brief still counts
• if P has actual knowledge of a REASONABLE means of escape, no confinement
  
  • reasonable means no threat of harm AND no threat of embarassment

Against will: consent is a defense

Aware of or injured

• if P is aware, P gets any damages jury finds appropriate
• if P unaware, P gets damages only if injured