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

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Intentional TortsASSAULT:(BRING UP ANY TIME BATTERY IS PRESENT)Interest Protected: Freedom from apprehension that you are going to be batteredElements(1)Intent, or knowledge with substantial certaintya.Transferred intent appliesb.“Rude or angry manner” attitude of the actor mattersc.Western Union Telegraph Co. v. Hill, 1933(TOWT guy who wanted to “fix her clock”, p.39)(2)Affirmative Act(3)Causing Reasonable Apprehensiona.No assault if plaintiff is unawareb.Reasonable apprehension causes mental harm, therefore no actual harm required for thiscause of action(4)The defendant has the Present Apparent Ability to commit a battery,a.Present apparent abilityto commit battery from the perspective of the plaintiff is essentialb.Threats of future harm are insufficient(5)A Battery is ImminentDamages: No proof of harm requiredBATTERY:Interests Protected: Personal dignity and bodily integrityElements(1)Intent or knowledge with substantial certaintya.Must either intend to make bodily contact or know with substantial certainty it will resultfrom your actionsi.You do not have to intend the contact to be harmfulii.Good faith excuses do not matter if the contact made is harmful or offensive andwas intentionally doneb.Transferred intent applies(2)Harmful or Offensive contacta.To make harmful or offensive contact with the body of anotherb.Distinguish between offensive and harmfulc.Offensive to personal dignityi.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 factori.Cole v. Turner, 1704(TOWT touching “in anger is a battery”, p. 31)e.Contextvery important in determining what is offensivei.Cole v. Turner, 1704(TOWT King’s Court explanation of some touching beinginevitable 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 indirectlyresultsb.Can include touching anything in an individual’s hand or connected with his or herperson, when done in an offensive manneri.Fisher v. Carousel Motor Hotel, 1967(TOWT racist hotel employee, p. 37)ii.Also contacting a vehicle while someone is in it countsc.Plaintiff does not need to be aware of the act when it occurs to recoveri.Ex. Operative room attendant inappropriately touches a patient while patientunder anesthesiad.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 escapeAssess if c/a is false imprisonmentPretty attenuated though, probably not a successful c/aDamages: punitive damages- may be allowed for actions with malice, nominal damages- no proof ofharm requiredDamages allowed for mental harm, ex.Fisher v. Carousel Motor Hotel, 1967(TOWT racist hotelemployee, p. 37)FALSE IMPRISONMENT:Interests Protected: Dignity, personal liberty, freedom to move around at will.

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Term
Spring
Professor
JessicaM.Erickson
Tags
Tort Law, assumption of risk, Tobias, transferred intent, TOWT

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