Torts (Anderson - Spring 2009) from Niki

Torts (Anderson - Spring 2009) from Niki - Intentional...

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Intentional Torts and Defenses Specific to Intentional Torts I. Battery a. LMENTs a.i. D intends to cause harmful or offensive contact a.ii. D causes harmful or offensive contact b. Key terms b.i. Intentionally b.i.1. with the purpose of causing the contact knowing that it is harmful or offensive, or b.i.1.a. NOTE: if knowing contact isn’t intended to be harmful or offensive but turns out to be harmful, then no liability b.i.2. with the knowledge that contact is substantially certain to be produced ( Garratt v. Dailey ) b.ii. Contact b.ii.1. Another person OR b.ii.2. An item in a person’s possession OR b.ii.2.a. XMPL: Fisher v. Carrousel Motor Hotel, Inc. – snatching of plate b.ii.3. An item closely associated with that person b.ii.4. NOTE: Causing a touching is also sufficient, even if D doesn’t directly contact P b.ii.4.a. XMPL: Garratt v. Dailey – D pulled out P’s chair. Here, D didn’t touch P, but caused P to be touched. b.iii. Harmful b.iii.1. if it causes physical pain, injury, or illness b.iv. Offensive b.iv.1. If it offends a reasonable person’s sense of personal dignity b.iv.1.a. Reasonable person is determined by community where conduct occurred b.iv.1.a.i. XMPL: Italian tourist kisses a random girl on a NYC street. For the ensuing battery claim, reasonable person standard is determined by NYC, not Italian, standards b.iv.2. Context of other acts can make the touching offensive, even if touching itself is not offensive b.iv.2.a. XMPL: Fisher v. Carrousel Motor Hotel, Inc. – D’s racist remarks that accompanied his snatching of P’s plate made his touching of the plate offensive c. POLICY: Protect bodily integrity II. Assault a. LMENTs a.i. D acts intending to cause a harmful or offensive contact with the person of the other or a third person, or an imminent apprehension of such a contact, and a.ii. the other is thereby put in such imminent apprehension. b. Key terms b.i. Intentional b.i.1. Actual attempt is sufficient b.i.2. Conditional threats sufficient b.ii. Resulting in imminent b.ii.1. Has to be very imminent b.ii.1.a. XMPL: D’s telling P “I’m going home to get my gun” doesn’t count b.iii. Apprehension of contact b.iii.1. Apprehension must be a reasonable one – context is important b.iii.1.a. XMPL: Vetter v. Morgan – extreme nature of D’s acts (him seeming as though he were on drugs), it being late at night, and D being male and w/ friends and P being female and alone, made apprehension reasonable. b.iii.2. Words are insufficient - words need to be combined w/ other acts b.iii.3. Actual ability to make contact is not important b.iii.3.a. XMPL: D pulls an unloaded gun on P. Even though the gun can’t cause contact with P, D has committed assault.
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c. POLICY: c.i. Protect peace of mind c.ii. Reduce instances of escalation of violence due to P’s resorting to self-defense c.iii. Prevent extortionate dealings III. False Imprisonment a. LMENTs: a.i. D acts intending to confine the other or a third person within boundaries fixed by the actor, and a.ii.
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