Torts 1

• ∆ desires, wants, or wishes to produce the legally forbidden act
• Insufficient—Voluntary act w/o intention
• Transferred intent

• ∆ commits a harmful or offensive contact,
• with π's person

Harmful/Offensive contact need not occur instantaneously (e.g., time bombs, poison)

• ∆ places π in a reasonable apprehension of
• an immediate battery

• Belief that ∆ is capable of carrying-out a battery
• Belief that a battery is imminent

How the bar exam will try to trick you: (i) David-and-Goliath, or (ii) the "unloaded gun" problem

• Must have menacing conduct/gestures
• Mere words alone lack immediacy
• But, words could negate ostensibly menacing gestures (e.g., "if you weren't my friend, I'd punch you")

• ∆ commits an act of restraint
• π is confined to a bounded area

Three frequently encountered situations

• Threats (person of ordinary sensitivity), or
• Omission of duty, where ∆ is obliged to help π move around (e.g., physically disabled), AND
• π knows about the restraint or is harmed by it

Not in a bounded area if . . .

• Reasonable means of escape, and
• Means of escape can reasonably be discovered

Note: Escape is not reasonable if it is dangerous, disgusting, humiliating, or hidden

• Outrageous conduct, and
• π must suffer severe distress

"Conduct exceeds all bounds of decency tolerated in a civilized society." Consider the following . . .

• Conduct is continuous and repetitive
• ∆ is a common-carrier or inn-keeper
• π is a member of a fragile class of persons (e.g., children, elderly pregnant women, hate-speech)

Note: Mere insults, without more, are not outrageous/actionable

Severe Distress ≠ "mildly" annoyed, irritated, or chagrined

Although an "intentional" tort, the ∆ need not have acted intentionally (i.e., with the desire, wish, or want to bring about emotional distress). Reckless behavior can satisfy the "intent" requirement.

• ∆ commits an act of physical invasion by a voluntary act, and
• π must be a possessor of land

How the bar exam could trick you—Intent vs. Voluntary Act

• Focus: Did ∆ want/intend to get to a particular location through a voluntary act?
• Note: ∆'s knowledge (or intention) of whether he/she actually crossed a boundary line is irrelevant

Intangible forces (e.g., shining lights, loud noises, smells) ≠ Physical Invasion

Note that π must actually be in possession of land. (Ownership is irrelevant, possession is the focus)

Modest interference with enjoyment of personal property—for example . . .

• deliberate damage (keying your car),
• temporary theft (unauthorized "borrowing")

• Fair rental value
• Cost of repair

Significant interference with the enjoyment of personal property—such as . . .

• Significant destruction/alteration of car
• Permanent theft

Special Remedy—π can recover full market value (not just rental or repair)

Note: a bona fide purchaser for value cannot be a converter