Torts Final Outlie.docx - Intentional Torts ASSAULT: (BRING...

Intentional Torts
ASSAULT: (BRING UP ANY TIME BATTERY IS PRESENT)
Interest Protected: Freedom from apprehension that you are going to be battered
Elements
(1) Intent, or knowledge with substantial certainty
a. Transferred intent applies
b. “Rude or angry manner” attitude of the actor matters
c. Western Union Telegraph Co. v. Hill, 1933 (TOWT guy who wanted to “fix her clock”, p.
39)
(2) Affirmative Act
(3) Causing Reasonable Apprehension
a. No assault if plaintiff is unaware
b. Reasonable apprehension causes mental harm, therefore no actual harm required for this
cause of action
(4) The defendant has the Present Apparent Ability to commit a battery,
a. Present apparent ability to commit battery from the perspective of the plaintiff is essential
b. Threats of future harm are insufficient
(5) A Battery is Imminent
Damages: No proof of harm required
BATTERY:
Interests Protected: Personal dignity and bodily integrity
Elements
(1) Intent or knowledge with substantial certainty
a. Must either intend to make bodily contact or know with substantial certainty it will result
from your actions
i. You do not have to intend the contact to be harmful
ii. Good faith excuses do not matter if the contact made is harmful or offensive and
was intentionally done
b. Transferred intent applies
(2) Harmful or Offensive contact
a. To make harmful or offensive contact with the body of another
b. Distinguish between offensive and harmful
c. Offensive to personal dignity
i. See Restatement (Third) Torts § 103: By a person of ordinary sensibilities
(someone not unduly sensitive)
1. Wallace v. Rosen, 2002 (TOWT school firedrill, pg. 32)
d. Mental state of the actor can be a factor
i. Cole v. Turner, 1704 (TOWT touching “in anger is a battery”, p. 31)
e. Context very important in determining what is offensive
i. Cole v. Turner, 1704 (TOWT King’s Court explanation of some touching being
inevitable in life, p. 31)
ii. Vosburg v. Putney, 1890 (TOWT kicking in the classroom, p. XX)
(3) Harmful or Offensive contact

a. Harmful or offensive bodily contact with the person of another directly or indirectly
results
b. Can include touching anything in an individual’s hand or connected with his or her
person, when done in an offensive manner
i. Fisher v. Carousel Motor Hotel, 1967 (TOWT racist hotel employee, p. 37)
ii. Also contacting a vehicle while someone is in it counts
c. Plaintiff does not need to be aware of the act when it occurs to recover
i. Ex. Operative room attendant inappropriately touches a patient while patient
under anesthesia
d. We consent to a certain amount of contact in our daily lives
“Effective battery”- placing someone in a position where they would have to hurt themselves to escape
 Assess if c/a is false imprisonment
 Pretty attenuated though, probably not a successful c/a
Damages: punitive damages- may be allowed for actions with malice, nominal damages- no proof of
harm required
Damages allowed for mental harm, ex. Fisher v. Carousel Motor Hotel, 1967 (TOWT racist hotel
employee, p. 37)
FALSE IMPRISONMENT:
Interests Protected: Dignity, personal liberty, freedom to move around at will.