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Torts Checklist - Torts Checklist JS INTENTIONAL TORTS...

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Torts Checklist JS INTENTIONAL TORTS Identify all possible torts prima facie for each tort (P must prove) consider privileges or defenses that may be raised by D BATTERY RST § 13 (Harmful); § 18 (Offensive) An act by D, with intent to inflict harmful or offensive touching, and harmful or offensive touching results (directly or indirectly) with the P or something closely associated with P’s person. act by D voluntary always distinguish intent to act with intent to cause h/o contact intent (RE result) RST §8A; RTT §1 Intent subjective desire OR belief in substantial certainty (intend natural an probable consequences of acts) PURPOSE: confine tort liability to cases where D has higher level of culpability than mere carelessness transferred intent between persons—liable to actual victim between intentional torts (not IIED)—where one intended but another caused minors and incompetents gen. held liable for intentional torts harmful or offensive touching with P’s person with something closely associated with P’s person P need not be aware of the touching at the time can intend harmful and offensive result or vice versa implied license : help determine what is h/o under circumstances harmful implies physical impairment, pain, or illness RST §15 offensive offends reasonable person’s sense of dignity (objective) RST §19 causation liable for all resulting harm—implied take P as find him ( Vosburg ) ASSAULT RST § 21 An act by D, with intent to cause h/o contact or apprehension of immediate h/o touching, and apprehension caused by D’s act or something set in motion by the D. act by D intent imminent (not future) generally, mere words alone insufficient (do not show D’s purpose) unless accompanied by overt act conditional threats generally insufficient (lack imminency), unless impose condition that D has no right to impose on P apprehension RST § 24. must be aware of threat at time occurred apprehensive of touching to P’s person P believes act will result unless prevented (by self-defense, flight, outside force) P must believe it, within reason, although may still be liable if unreasonable causation - 1 -
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Torts Checklist JS PURPOSE: protect one’s mental tranquility, right to be free from fear or apprehension of unwanted contact FALSE IMPRISONMENT RST § 35 An act by D, with intent to confine P to a specific area, and a confinement results from D’s intentional act or a force set in motion by D. intentional, unlawful confinement without consent act by D intent confinement RST § 36 completely within specific area (fixed boundaries) confinement may directly or indirectly occur no reasonable means of escape available and known to P escape cannot involve embarrassment or harm to P P aware of confinement or harmed by it prevention of travel in one direction insufficient ( Bird v. Jones ) D may be liable if confines child or mentally incompetent even if they are not aware of confinement causation may be effected by threats, physical confinement, etc.
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