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Introduction
Intentional Torts
Privileges
Policy issues
Negligence
Damages
Vicarious liability
Strict liability
Products liability
Index of tort cases
Tort cases
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Intent
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Desire and knowledge with substantial certainty for contact to
occur
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Intent is subjective
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Harm does not need to be intended, only that the wrongful
contact be intended
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Wrongdoer is liable for all resulting injuries whether
foreseeable or not
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Harmful or offensive contact
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Harmful contact
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Causing pain, bodily damage
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RS (2nd) 7: Harm is existence of loss or detriment in fact
of any kind to a person resulting from any cause
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Offensive contact
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Objective Standard: whether it would be offensive to a
"Reasonable Person" of ordinary sensibilities or to a
"reasonable sense of dignity"
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unwarranted by social usages prevalent at time and place
at which offensive contact is inflicted
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Courts are undecided when another person knows another to be
extremely sensitive
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Contact is offensive is P has not expressly consented to it
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Causation
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Direct contact
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D sets in motion a force which brings about harmful or offensive
contact
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place poison, dig a pit, pull a chair
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Caused by contact to P's body or to anything that is closely
identified with P's body
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Consequences
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Eggshell Skull: you take the victim as you found him
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Physical harm not necessary for recovery
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RS (2nd) 16 Character of intent
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D is liable for P's injuries resulting from act done with
intention of inflicting offensive, but not harmful contact, or
of putting P in apprehension or either harmful or offensive
contact and such act causes bodily contact.
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Transferred Intent: D is liable to P if act is done with
intention of affecting 3rd person, but causes harmful contact to
P
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Cases
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Intentional Infliction of Emotional Distress
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Intent
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Broader mental state than battery: larger range of reactions to
certain acts
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P intends to cause ED
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P knew with substantial certainty that ED would occur
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P acted with reckless disregard for high probability that ED
would occur
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Transferred intent not generally allowed
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Would open floodgate of litigation
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Exceptions:
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Witness suffers bodily harm from watching a beating,
even if not family
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If immediate family, P can recover, even if P suffers no
bodily harm
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Extreme and Outrageous Conduct
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Conduct so outrageous in character, and so extreme in degree to go
beyond all bounds of decency, and to be regarded as atrocious, and
utterly intolerable in a civilized community (Jones v. Clinton)
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D not liable for insults, indignities, threats, annoyances, petty
oppressions or hurting P's feelings.
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Not sufficiently outrageous by themselves
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Do not cause severe ED in P or ordinary sensitivity
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Would limit free speech
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Known sensitivity
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D is liable if D knows P is more susceptible to ED than ordinary
person and uses extreme and outrageous conduct to inflict ED and
succeeds.
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Common carriers
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Public utilities, hotels, but not businesses, held to stricter
standards of conduct
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May be liable for insults
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Rationale
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Duty to treat public with courtesy, contractual relationship
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Other situations/examples
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Power or fiduciary relationships, landlords, bill collectors, insurance
adjusters
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Particularly vulnerable groups: women, children, elderly,
minorities
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unchangeable circumstances: permanent disabilities: stuttering,
paraplegic
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Bystanders
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Physical harm to one causes ED to another because of
relationship
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Intent and causation are harder to prove:
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Present when harm occurred
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Close relationship
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D knew P was present and related to injured
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Causation
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Severe Emotional Distress
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ED so severe that P sought medical aid
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Physical harm not required, but is a guarantee of severe ED
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ED so severe that a reasonable person would suffer such distress
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Does not apply for an unusually sensitive person
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Punitive damages awarded where D's conduct was improperly motivated
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Cases
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Intent
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D knows with substantial certainty that his actions directly or
indirectly result in physical confinement.
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Cause
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D's actions result directly or indirectly in physical
confinement
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Confinement
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Physical barriers
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P confined in within physical barriers
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Blocking his path or preventing P from entering is not
enough
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Physical force
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Demonstration of physical power, when P believes only
avoidance is submission
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Threats
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Direct
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D threatens to use force if P tries to escape
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No FI if P's confinement is due solely to own desire to
clear himself of suspicion
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Indirect
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Implied by D's conduct
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No FI if P voluntarily submits to verbal commands
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FI if D threats others or property if P attempts to escape
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FI if D threats of future imminent harm
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Failure to provide means of escape
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Conscious Harm
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P must be aware of confinement
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Privileges (defenses)
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To protect property in custody
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Merchant: Reasonable detainment of suspected shoplifter
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Cases
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