Intentional Torts Review Substitute for intent: Substantial certainty (Garret v.

Daily where you had a child pull a chair underneath a woman and there was a substantial certainty that harm would result) Violation of a rule (Vosbury v. Putney) the natural consequence of which is injury Transferred intent you have to establish that there was intent running from D to original target and then transfer it. Does not apply in IIED; but applies to trespass, etc. Battery Intent AND harmful/offensive contact Harmful/offensive contact is an objective standard. Insane individuals can be liable for battery. Function of tort is to make someone whole (McGuire v. Almy; gives incentive to legal custodians to prevent such an act) Assault Requires imminent apprehension of assault or battery. Transferred intent applies. Words alone not enough for assault. It can be assault if it is accompanied by some action which indicates that I am about to do assault. Again, this is objective. False Imprisonment Intent to confine a person; attempt to take actions directly or indirectly towards confinement. Confinement does not mean 4 doors. You dont have to take risk (open window, 15 ft drop) of injury; it is still confinement. If you can get out, then no FP. Future threats do not constitute confinement unless it is imminent. Some confinement may be covered under state law. Shopkeepers privilege. IIED It is really not emotional distress. This is about severe emotional distress. It is someone doing something outrageous. Intentionally trying to cause severe emotional distress.

Acting recklessly would be a substitute acting without any concern for others. Breakups, divorces, where they want to cause severe emotional distress killed a pet. Transferred intent does not apply but there is an exception (for close family members present at the time). You can also recover if you are not a family member if you had physical injury. Vast majority of cases with third party cases go under NIED. Courts sometimes mix IIED for one person and NIED for others. Trespass to Land It is trespass if not your land even if you are mistaken. The intent is not to commit trespass, it is the intent to stay on the land. If you intentionally go to someones land, you are trespassing. Trespass to Chattel Acting intentionally to disposses someone of a thing or use it without their consent. Trespass to C is usually resolved by returning property but their can be damages including lost opportunity. Conversion You bring this when the property is so damaged when you want money and do not want the property back. It may not be of any use to you even though it may be fully functional. Hybrid Torts Defenses to Intentional Torts (1) Consent you cannot complain of harmful or offensive contact if you invited it. OBrien case implied consent. Informed consent hospital forms (can be challenged for being unconscionable). (2) Self-defense you must use commensurate level of force. Cannot retaliate at a later time. Your privilege of SD is limited in time and to original threat. Cannot meet out punishment later. Your privilege extends to mistake as long as it is reasonable. (Courvoisier). You cannot use upto lethal force if it is commensurate. (3) Defense of others you can also be mistaken as long as it is reasonable. (4) Defense of property you cannot use force calculated to cause serious bodily injury or death because no property is more valuable than human life. If you use such force, then you are guilty of battery. Somebody steals your TV, you can only lay gentle hands. Castle Doctrine laws that anyone is allowed to protect your home with lethal force if someone breaks in. We will legislatively answer the common law question.

Make my day statutes some states require you to retreat if possible. Spring guns and man traps in addition to the rule for protecting property, there is an equally powerful policy which cannot distinguish between friend and foe because very often children, police officers get gunned down. (5) Private Necessity for trespass ppl who are caught in a storm can mow their boat to a dock. However, any damage you cause in private nec, you are responsible for it. What is not clear is opportunity cost? (6) Public Necessity you dont have to compensate. Degree to which citizens can act in public necessity is very limited in most states. Government is most common for public necessity. They would burn homes to create fire brakes. All states have now that they should compensate when acting under public necessity. If you engage in wanton destruction (like burning an entire city to ground in act of war), then you may not claim public necessity.