TORTS

TORT: The study of civil wrongs without a contact for which the law provides a remedy.

Intent: Is the desire or knowledge to bring about harm or the substantial certainty (97%) that the harm will occur.

Transferred Intent: A person who suffers an intentional tort need not prove that the actor intended the tort to
apply to him.
 Assault, Battery, False Imprisonment, Trespass to Realty, Trespass to Chattel

Battery
An intentional harmful or offensive touching to another person.
Intentional Touching Harmful or Offensive
Transferred -This does not have to be person to person -A reasonable person would find it
Intent applies - Can be something you caused to come in offensive
contact with them -Account for social norms
- The person does not have to be aware of the -least touching in anger is offensive
touching (kissing someone sleeping)

Examples: -Do not lose your common sense!

-Hand-to-hand
-Smoke (particulate matter)
-Throwing a ball
-Colonoscopy bag

Assault
An intentional act causing an imminent apprehension of a harmful or offensive touching to another person.
Intent Imminent Apprehension Harmful or Offensive
Transferred -About to happen. - A feeling of anxiety or fear that -A reasonable person
Intent applies -Can be either present something bad or unpleasant will would find it offensive
acts or words. happen -Account for social norms
-Not future threats. -any sensory indication
-They have to know!

Examples: -Do not lose your common

-Smelling of arsenic sense!
-Holding a gun to one’s head.
 False Imprisonment
Florida: An intentional act that unlawfully or unreasonably confines another against their will within fixed
boundaries. (an unreasonable restraint of another or third person against their will)
Restatement: An intentional act that confines another person against their will within fixed boundaries set by the
actor with no reasonable means of egress.
Confines Against Will Unlawful/Unreasonable
-Largest area one can be restrained -Did they ask to leave -Length
to is a State. -Did they try to leave -Circumstances
-Not expected to leave behind -Did they know they were -Rudeness
personal property. restrained or were they injured? -Gravity of offense
-Is there a reasonable way out?
-Look at risk of injury in getting out.
Example:
Holding drivers license
Closed door
Locked door
Blocked door

IIED
Intentional or reckless act that is extreme or outrageous conduct intended to cause severe emotional harm to
another person.
Intentional or Outrageous & Extreme Causation Sever Distress
Reckless
There is no Measured by social standards. Courts Usually it is Physical harm-most states
Transferred frequently find IIED where there is an implied require a physical
Intent. authoritative relationship or economic manifestation of harm.
motivation.
It must be measurable.
Examples: Migraine headache can be
creditors measured through blood
landlords vessels.
funeral homes.
Continue seeing a
Look for something that would make the psychiatrist.
individual hypersensitive i.e. child, pregnant
mother.
This is a sliding scale

Trespass to Land (real property) Privilege

The intentional intrusion on real property owned or rightfully possessed by another.
Intentional Intrusion Another’s For public and private
Transferred intent The defendant must be on Plaintiff owns the necessity, look for the
applies. property, or cause property, from the depths implied contract with
something or someone to of the earth to the society and us.
be on property. heavens.
You do not have to Example: If the house is
actually touch the land. burning the firefighters
Mass trespass: more than one parcel of land is affected you must show damage. No have the right to come
need to show damage in regular trespass situations. into your home, and if it is
A nuisance is anything done to hurt, annoy, or to the detriment of the lands of custom usage to let the
another but does not amount to a trespass (inherently harmful). It must be an media in this is allowed
unreasonable nuisance not something due to a sensitive state. You can get the action
stopped but not receive damages for it.

Trespass to chattel (non-real property)

The intentional interference with possessory interest of another person’s personal property which results in harm
to the chattel or deprives the owner of its use.
Intentional Impaired or harmed or Deprived of use
Intent: Desire or knowledge to bring Hypo
about, or substantial certainty (97%) A has a barge worth $0. B hits the Impaired or harmed → yes
that harm would occur. barge and causes $2,000 in Deprived of use → no
damages. The barge still is operable.
Transferred intent applies here.
This is best to argue when the chattel is harmed/damaged, but not destroyed. You can recover the repair value.

Conversion
The intentional exercise of dominion and control over a chattel, which seriously interferes with the possessor’s
right of control.
Extent/duration of Intent to assert Actors good faith Harm done to Inconvenience &
control and right chattel expense caused to
interference possessor
Hypos
You are at a restaurant and leave with the wrong hat. You realize Extent & duration → minimal
this just after leaving and return the hat immediately Intent → yes, to take the hat
Good faith → yes
Harm done → none
Inconvenience & expense → little
Not Conversion
You are at a restaurant and leave with the wrong hat. You realize Extent & duration → minimal
this after going home. You call the restaurant that is closing and Intent → yes, to take the hat
arrange to return it first thing in the morning. Good faith → yes
Harm done → none
Inconvenience & expense → little
Not Conversion
You are at the restaurant and leave with the wrong hat. You realize Extent & duration → permanent
this just after leaving but then the hat blows off your head and falls Intent → yes, to take the hat
into the drainage system. Good faith → NA
Harm done → yes, hat is gone
Inconvenience & expense → hat is gone
Is a Conversion
This is a sliding scale, any one or a compilation of them could cause it to be a conversion.

Privilege
Implied consent-look at customs and usage

Example: when we participate in a sport we waive our right not to get hurt unless it is not expected or
unreasonably outside the rules of the sport.

Example: you cannot use excessive force, even in protecting yourself.

You cannot be the provoker or the continued aggressor.

In Florida, it is not specified whether you need to be home if you have set a mantrap.