Torts-Intentional

• 1. Extreme sensitivity of P is ignored in deciding if P has a COA.
• --When you determine that a P has satisfied a COA, assume you’re dealing with a
• reasonable/normal person.

• 2. There are no incapacity defenses (infancy,
• illness, drunkenness, mental handicap) in intentional torts.

• 3. Intent is an element of every intentional tort.
• --"Intent” means the D desires to produce the legally forbidden consequence, not mere
• volitional intent.

--Transferred intent: So long as a D desires to produce any forbidden consequence, he is liable for actually producing any other forbidden consequence.

• Overview propositions
• Battery
• Assault
• False Imprisonment
• IIED
• Trespass to Land
• Trespass to Chattels & Conversion
• Affirmative Defenses for Intentional Torts

• 1. D must commit offensive or harmful
• contact.

• Offensiveness=unpermitted
• by a person of ordinary sensitivity.

Tapping person on shoulder (nonoffensive as a matter of law) vs. stroking hand (sexual aspect likely to make offensive).

2. The contact must be with the P’s person.

“Person” includes what P is holding/touching/connected to.

No immediacy requirement, and

No requirement that D use own body to effectuate contact. Need only set in motion.

Spiking lunch that won’t be eaten for several hours.

1. D must intentionally place P in [reasonable] apprehension.

“Apprehension” means knowledge of an impending battery, not fear.

David and Goliath trick question.

Unloaded gun problem.

2. The apprehension must be of an immediate battery.

• Words alone lack immediacy. There must
• be conduct (a menacing gesture).

• Accompanying words can negate apprehension or immediacy (conditional
• words; promises of future action).

1. D must commit an act of restraint.

Threats sufficient (subject to reasonableness).

Most common: Mall cop: “If you leave, I’ll call the police.”

Detaining traveler's property and suggesting he won't be able to retrieve if he doesn't stay.

Omission=restraint only if there was a preexisting obligation to help the P move around.

Restraint only counts if P (i) knows about it, or (ii) is harmed by it.

2. P must, as consequence, be confined in a bounded area.

• Bounded=area of movement is limited in all directions (even if bounded only by terms
• of a threat).

Area is not bounded if there is a reasonable means of escape that the P can reasonably discover (not dangerous/disgusting/humiliating/hidden).

Only intentional tort where D can be held liable even though he was acting recklessly instead of deliberately (intentionally).

1. D must engage in outrageous conduct.

“Outrageous” = “conduct exceeds all bounds of decency tolerated in a civilized society.”

--Mere insults are not outrageous (but can make a bad case worse).

• --Common hallmarks of outrageousness:
• Conduct in question is continuous or repetitive;
• D is common carrier/inn keeper;
• P is member of fragile class of persons (young children, elderly, pregnant, [hate speech involving abuse of power?]).

2. P must suffer severe distress.

No particular showing (i.e. no requirement of physical harm, medical evidence, antidepressants). Usually negated in problem (i.e. “P was ‘mildly annoyed,’ so she sued D”).

1. D must commit act of physical invasion.

a. Physical invasion in person.

Only volitional intent required. D need not know he’s crossing a property line, etc.

b. Physical invasion by throwing a tangible object onto the land.

Classic case is malicious (throwing a brick), but innocuous/benign throwings (spraying water) count too.

• Intangible forces are not trespass (light, noise, odor).
• --Smoke? Close. May turn on thickness of smoke.

2. P must be a possessor of land.

=lawful possession at time invasion takes place. (E.g. Renter, not LL, has COA).

• Land interests include air above and soil below, out to a reasonable distance.
• (Commercial airliner flying over vs. neighbor’s kid throwing ball over).

Personal property (chattels)=everything you own other than land and buildings. Includes cars/vehicles; electronics; garments; currency; etc.

Two ways to interfere with property: (i) deliberately damage it, or (ii) steal it.

Difference b/t trespass and conversion is degree of interference. Will be clear—either trivial or major interference.

Separate torts to give an enhanced remedy in cases of conversion: P may recover FMV of the chattel, not just rental or repair cost.

A bona fide purchaser of stolen goods is not a converter.

When a chattel is located on the land of a wrongdoer, the owner has a privilege to enter the land and reclaim it in a reasonable manner.

A bailee is liable for conversion if the bailee uses the chattel in a way that would materially breach the bailment agreement. (S5Q12, woman loans car to neighbor who re-loans to other after own car repaired).

• Consent
• Protective Privileges (self-defense, defense of property, defense of third persons)
• Necessity

Capacity Requirement

Only a person with legal capacity can give a valid consent.

Children can consent to age-appropriate invasions (11yo boys consenting to wrestle vs. consenting to sex).

Express Consent

Valid, unless there has been fraud or duress. Negates express consent.

• Implied Consent
• Consent implied from customary practice (P goes to places where invasions are routine; impliedly consents) (doctor’s office).

• Implied consent based on D’s reasonable interpretation of P’s objective conduct.
• --P’s own internal thoughts not part of this.

• Scope of Consent
• If D exceeds scope of the consent, D
• voids that consent.

Medical procedures (expanding procedure to adjacent vs. totally separate body parts).

• -Self-Defense
• -Defense of Third-Persons
• -Defense of Property

D must establish:

• 1. Timing
• D must act when threat is in progress
• or imminent. IOW, no retaliation.

• 2. Reasonable Belief
• D must show reasonable belief that threat is genuine.

Reasonable=don’t lose privilege for reasonable mistake (shopkeeper’s privilege).

• 3. Amount of Force
• Amount of force necessary under the circumstances.

Rule of proportionality and necessity. Meet slap with slap. Meet deadly force with deadly force.

• Rule of retreat before resorting to deadly force. Must retreat if it is safe/feasible to do so.
• --Does not apply to own home; police officers.

Deadly force is never allowed in defense of property. (Also can’t use deadly mechanical devices like spring guns).

Property torts only (trespass to land, trespass to chattels, conversion).

• Public Necessity
• D invades P’s property in an emergency to protect community as a whole or a significant group of people.

**Absolute defense.

• Private Necessity
• D invades property in emergency to protect own interest. Less generous defense.

D liable only for actual/compensatory damages.

Not liable for nominal or punitive damages.

D has right to remain on P’s property in position of safety as long as emergency continues (i.e. the P could be liable for battery for ejecting D).

Special Rule Where Defense of P's Own Property

No liability. Essentially an implied consent justification for this position.