Intentional Torts: elements
False Imprisonment
Intentional Infliction of Emotional Distress
Assault
Battery
Purpose or substantially certain
Causes the harm
Volitional Act
Offensive or Harmful Contact
Purpose or Substantially Certain
Causes
Volitional Act
Apprehension of imminent harmful or offensive contact .
Intent
children
mentally ill
Children are liable for intentional torts if they know with "substantial certainty" that harmful offensive contact would occur.
Good faith acts
"Good Faith" is irrelevant since intent element is still fulfilled.
ex: shoot an animal thinking it was a wolf but was someone's dog. intent to kill "that" animal was still there, regardless.
Just like children, if a mentally ill person can form intent, purposeful or with substantial certainty. Therefore can be liable for intentional torts.
purposeful or substantially certain
causes such imprisonment
Another person is knowingly confined or restrained within boundaries set by person with no reasonable mean to escape.
Imprisonment with no reasonable means to escape. Freedom to move is restricted.
Transferred Intent
Intent can be transferred from one intentional tort to another AND/OR from one person to another.
when someone's acts do cause harm but there was no intent, there is no battery
Imminent means: soon, within a small window or going to happen soon after the threat. Conditions of said assault is important too. that means that you can't retaliate a day later.
The receiving party set the standard for believing if they are in apprehension of harm or offense,
Affirmative defenses for intentional torts
Consent
Necessity
Justification
Defense of self
Defense of Property
Defense of others
Shopkeeper's privilege: retail stores can "imprison" suspected shoplifters to conduct an investigation or until police arrive. But they cannot force or touch the person.
Usually seen with false imprisonment and police officers. Person has legal justification for intentional tort
doesn't always have to be directly imprisoning the person, includes "imprisoning" an important object to the person that would stop them from leaving. (purse, wallet, meds)
escape that would lead to harm, embarrassment or humiliation is not considered reasonable.
causes severe emotional distress
severe emotional distress(and/or physical harm)
purpose, with substantial certainty , or recklessness.
extreme and outrageous act
agreed to participate in the act even though it was possible harmful. could be implied or expressed. only within the scope established. vv
ie: playing football, consenting to tackle because of the nature of there sport.
action was taken in an emergency even though it could be considered an intentional tort
Public necessity: action for the greater good of society or others
Private necessity: is for the benefit of self.
Must reasonably believe that they are about to be seriously injured.
defense only last as long as the threat of injury lasts and only if necessary. Words are not enough for self defense
similar to defense of self. allowed to protect other only if the other person would also have the privilege to defense of self.
force must be proportional to the threat.
agressor doctrine bars aggressor from claim self defense unless they communicate clearly of intent to abandon or is excessive force is used.
uses reasonable force
juridictions are split, some say is protected would have self defense, others say if a reasonable person would say person needs protection.
must prove trespassing on property, reasonable force to get trespasser off property,
deathly force is never allowed because law values life over property.