Intentional Torts
(Intent to touch, Intent to harm)
Doctrine of Transferred Intent:
Between people + torts
Battery: Intentionally causing H/O contact w/ ∆
Intent: jx split (1) intent to harm (2) intent
to cause h/o contact
Contact: direct/indirect between parties
H/O Standard: Reasonable persons dignity
Assault: Intent to cause apprehension of imminent contact
Intent: Transferred can work
Apprehension: Reasonable person standard
words alone ≠ enough, no conditional threats
Imminent: Did ∆ have present ability?
False Imprisonment: Intentional restraint/confinement
to bound area w/ π knowledge
Intentionally: Purpose/knowledge/Sub. Certainty
Restrains: Phys. Barrier, phys. Force
(threat), submiss. To app. Leg. Auth, or
having duty to provide escape and not
Π awareness: Jur. Split:
Maj: Awareness @ time of event
Min: Awareness @ time of physical injury
IIED: Intent to cause severe emot.l distress through
extreme outrageous conduct and causing distress
Intent: purpose/knowledge to SC
Extreme/Outrageous Conduct: Reasonable
person standard
Π actually suffered severe ED: reasonable
person standard
Trespass to Land: intentional, unauthorized entry onto land
Intent: mistake ≠ negate
Actual Presence: no damage req, prop
extends up & down, resp for all damage
Defenses to Intentional Torts
Consent: Willingness or Assent
Express: verbal or written – was inj w/in consent?
Implied: From conduct or social norms
- Would reasonable person think π consented?
Medical: Implied consent is valid only in emergency
Obtained by Fraud: only invalid if directly
relating to offense
Self Defense & Defense to Others: Priv. to use reasonable
force to defend yourself/3 P against imminent/ongoing battery
rd
Reasonable Belief force will protect you or 3rd
p from battery. Mistake = defense
Amount of force must = reasonable
Defense of Property: NEVER
No deadly force allowed to protect against
property
min jx: deadly force ok w/ warning
Necessity: (Only for trespass)
Public (complete defense)
Public interest @ stake
Private (Inc. defense – compensation req)
∆ (reas appears): threatened w/ serious harm
Response reasonable in light of threat
Negligence (Actual damage required)
Duty: Do I owe a duty of reas. care to avoid inj. to others
If person fails to act  no duty of care
Exceptions:
Special Relationship: (p. 33)
Special Relationship W/ 3rd P: (podias v. Mairs)
Vol. Assumption of Resp.: Once you begin
help you have oblig. Not to make situation worse
Rescue attempt – someone else may be
deterred b/c you were present
Many states protect rescuers
Owners & Land Occupiers:
Trespassers: NO DUTY
Invitees: LO has duty to inform
Breach: Failure to use reasonable care
LH: B<PI – avoiding unreasonable risks
Standard of Care:
RP: objective
Phys. Disability: reasonable person w/ disability
Professional: Ordinary, competent prof.
under same/similar circumstances
Informed Consent: tell nature, risks, conseq., alt.
treatment,
Action=breach duty 2 inform + causation + injury
Med Mal: Acted against recognized standards or
did not act on req. *no locality rule
Negligence Per Se: stand. care from statute
Must be:
1. Memb. of class law wants 2 protect
2. Type of harm suffered = type intended to
protect from
3. Legislation appropriate in circ.
RIL: No direct evid. Of negl occurance still enough
Accident ≠ occur w/o negligence
Thing causing π injury under control by ∆
Not invoked against mult ∆ unless hospital
Diff. proced. Eff. Based on JX
Causation in Fact: But for Causation: only need to
prove probability that injury would not have occurred
w/o ∆ negligence,
EXCEPT:
Medical Misdiagnosis: Chance of survival <50%
Substantial Factor Test
Loss of Chance Approach
Toxic Exposure:
Evidence by statistical proof of increased
likelihood of cancer etc
Multiple Sufficient Causes:
Both ∆ liable as long as each is sub. factor
Proximate Cause:
∆ not liable for unforeseen cause: (unless eggshell π)
Intervening Causes:
∆ not liable when intervening act was
extraordinary under circumstances
Acts of god/nature
∆ not liable for criminal conduct of 3rd party
Rescue Doctrine: must act w/ reas. care
∆ neg to person rescued
Peril must be imminent
Reasonable person perceived peril
Injury