I. Intentional torts
: battery, assault, trespass, conversion
Intent: Refers to the consequences of the act (RST §2).
No insanity defense (
: whose can more cheaply control the insane person: family or
caretaker? (or: insurance vs. litigation)
: touching without consent
Thing hit can be article as well as body (
Thing hitting can be object as well as body (e.g. spit,
Does intent apply to harm (RST §18) or only to the act that causes
Damages: in case of
, do we want whole life of P under
normal circumstances, adjusted to reflect risk of injury due to medical
condition blowing up by itself, or adjusted to reflect risk of medical
condition blowing up period (including likelihood that someone else
Damages can be adjusted to reflect benefits in good-faith cases
, where surgeon operated on different ear than agreed
: “eggshell P doctrine”; take your P as you find him.
Elements (RST §21):
intent to either harm or put in apprehension of harm, AND
apprehension of harm
RST §21 comment b: fear d/n equal apprehension
Example: woman brandishing a gun that she knew to be unloaded guilty of
assault b/c others did not (
: intentional entry onto the real property of another
intent applies to the act of entry, not to the act of trespass (
no damages required (
), except with trespass to chattels.
entry can be by any tangible object, such as a rock, your foot, or even floride
gas that falls to the ground (
Martin v. Reynolds Metals
Cannot be intangible
: exercising domain over someone else’s property
intent applies to taking the object, not to conversion itself
however: good-faith converters cannot be liable for punitive damages,
, where liable for value of gold minus labor to extract it).
can they be forcibly resisted in breach of the peace (see self-defense /
recapture of chattels, below).
Therefore can simply give the item
Note: this distinction d/n exist in trespass, so damages for
good-faith conversion equivalent to any trespass
Conversion vs. trespass to chattels: w/ conversion liable for whole value of
item; w/ trespass liable for loss of temporary possession or damage only.