Intentional Torts

Intentional Torts

1. Types

   • Harm to Persons
     • Physical
       • Battery
         • Intentional Act
         • Contact
         • Harmful or offensive to reasonable person
         • R.3d § 101
       • Assault
         • Intentional Act
         • Creates anticipation of an immediate batery
         • R.3d § 105
       • False Imprisonment
         • Confinement
           • Big Town Nursing Home
         • Conciusness or harm
           • Parvi
         • No legal justification
           • BTNH
         • No Reasonable Exit
           • Note 3 p. 44
     • Emotional
       • Intentional Infliction of Emotional Distress
         • IIED
           • Extreme or outrageous conduct
           • Intentional or reckless conduct
           • Causes severe emotional Distress
           • Harris
         • Bystander IIED
           • Extreme or outrageous conduct directed at a third party (not the P bringing the claim) AND
             • 3rd party is P's family member OR
             • P is harmed
             • Taylor / R 2d
           • Intentionally or recklessly (implies knowledge of bystander/presence of bystander)
   • Harm to Property
     • Trespass to Land
       • Intentional Act
       • Unauthorized entry into the "close" of another
       • Dougherty
     • Trespass to Chattels
       • Intentional Act
       • Interfere's with P's possession
       • Causes legally cognizable harm
       • Compuserve
     • Conversion
       • Intentional Act
       • Exercise Dominion over another's possession
       • In a way that seriously interferes with or is seriously incompatible with the P's ownership rights
       • Interference is so serious it justifies forced sale
       • Pearson

2. Elements

   • Act
     • Failure to act does not count
     • Voluntary
   • Intent
     • Purposefully
     • Substantial Certainty
     • Recklessly (IIED Only)
   • Causation
   • Damage

3. Defenses

   • Defense of self
     • Reasonable belief
       • Note 3, p. 110
     • Not in retaliation
       • Note 2 (p. 110)
     • Proportionate to threat
       • Note 5, p. 112
   • Defense of Others
     • Same principles as self-defense
       • Note 1, p. 113
     • Two approaches
       • Can defend even if reasonably mistaken in perceiving need for intervention
         • R.2d
       • Privileged only if person being defended would be privileged
         • Noted 2, p. 113
   • Defense of Property
     • No deadly force to protect property, directly or through mechanical devices
       • Katko
     • Deadly force for burglary (breaking into a dwelling at night) under castle doctrine
       • Note 5d, p. 119

4. Privileges

   • Necessity
     • Private
       • Incomplete Privilege
       • Available when harm is serious, imminent, and legally cognizable
       • Not for convenience
       • R.2d
     • Public
       • Complete Privilege
       • Public rather than private interest involved
       • Reasonable belief action was necssaray
       • Reasonable response to need
       • Surroco
   • Authority
   • Discipline
   • Justification
     • Equitable
     • Sindle
   • Consent
     • Informed consent for doctors (see negligence)
       • What would a reasonable doctor say?
       • What would a reasonable patient want to know?
     • Can be signaled by action
       • O'Brien
     • Limited to general custom or rules of games
       • Hackbart
     • No privileged if scope of consent exceeded
       • Mohr
     • Consent is invalid if key information is not disclosed
       • De May
   • Recovery of Property
     • May use force to recovery property
       • Hodgeden
       • Force used must be reasonable
         • Note 3, p. 121
     • Fresh pursuit
       • R.2d
     • Shopkeeper's privilege
       • Merchant may detain for reasonable investigation persons he reasonably believes to have taken chattel unlawfully
         • Bonkowski