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Intentional Torts

Luke Fritz

10/21/13

Westview High School Civil Law

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What are Intentional Torts?

  • Intentional torts are deliberate acts that cause harm to another, for which the victim (plaintiff) may sue the wrongdoer (defendant) for damages.

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Tortious Intent

  • Must be proven for all intentional torts
  • Tortious intent =
    • Purposely acting to harm; or
    • Acting with substantial certainty that harm may occur

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Battery

  • Elements:
    • Intent
    • To cause harmful or offensive contact
  • Contact doesn’t need to be direct, can be:
    • With something else
    • With object close to a person’s body
  • Horseplay, pranks, and jokes can be battery
  • Even if you only intended a little bit of harm, you are liable for all of the harm you cause (eggshell skull)

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Assault

  • Elements
    • Intent
    • To cause reasonable fear of imminent battery
  • Imminence = about to happen or will happen very soon; aka impending
  • Assault may occur even when the plaintiff has the ability to prevent the harm (by fighting, running, or if someone else can help)

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Intentional Infliction of Emotional Distress

  • Elements:
    • Intent
    • To inflict emotional distress
    • Actual suffering of emotional distress
    • Acts caused the suffering

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  • Acts must be outrageous and emotional distress must be severe!

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False Imprisonment

  • Elements:
    • Intent
    • To cause confinement
    • Awareness that you have been confined
  • Confinement may be caused by:
    • Actual or apparent barriers (such as walls)
    • Being overpowered by or submitting to physical force
    • Asserting legal authority
    • A realistic threat to cause harm if the plaintiff leaves

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TWO MINUTE STRETCH/REFOCUS BREAK

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Defamation

  • Elements:
    • Intent
    • Acts that harm a person’s reputation
  • Spoken defamation is called slander
  • Written defamation is called libel
  • Opinion is usually protected. Actual malice (intent to harm) is needed, in addition to the statement being false and causing harm

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Trespass to Land

  • Elements:
    • Intent
    • Unreasonable invasion of land
  • Land is also called real property
  • Invasion may be by a person or object
  • Mistake doctrine: intent is just to be in a specific place, but the defendant doesn’t have to know that land belongs to someone else

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Conversion/Trespass to Chattels

  • Elements
    • Intent
    • To interfere with personal property
  • Personal property is tangible (something you can touch) property that can be moved
  • Chattels is an old word for personal property
  • Conversion = substantial interference, but does not need to cause damage

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Defenses

  • With ALL intentional torts, consent is a possible defense
    • Must be consent to the specific act that occurred
    • A person cannot give consent if they are:
      • Intoxicated
      • Mentally Incompetent
      • An infant
      • Tricked or coerced into giving consent

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Other Defenses

  • Self-Defense
    • Self-defense may only be to prevent harm, not to retaliate or get revenge
  • Defense of Others
    • It is OK to defend others if you reasonably believe that they are in danger
    • Like self-defense, cannot use excessive force
  • Defense of Property
    • But, life is more valuable than property
    • A store owner
  • Necessity
    • A person is required to do something/it is unavoidable
    • Strong defense if life in jeopardy, or unable to control their movement

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