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This week covers the seven major intentional torts: battery, assault, false imprisonment, intentional infliction of emotional distress (IIED), trespass to land, trespass to chattels, and conversion. Students will learn the elements of each tort, the intent requirement (dual intent vs. single intent), and the transferred intent doctrine.
For all intentional torts, the plaintiff must prove the defendant acted with intent. Intent means:
1. Purpose: The defendant acted with the desire to bring about the result, OR 2. Substantial Certainty: The defendant knew with substantial certainty that the result would occur
Key Distinction: Intent is NOT the same as motive. A defendant can commit an intentional tort with good motives (e.g., a surgeon who operates without consent commits battery, even though the motive was to help).
Contact with "person" includes anything closely connected: clothing, objects held, a plate someone is eating from, the chair someone is sitting in.
Harmful = causes physical injury or pain Offensive = would offend a reasonable person's sense of dignity (not the hypersensitive plaintiff)
Eggshell Plaintiff Rule: The defendant takes the plaintiff as they find them. If a light tap causes unexpected injury due to a pre-existing condition, the defendant is liable for the full extent of harm.
Key Points: - "Apprehension" ≠ fear. It means awareness/anticipation. A brave person who is not afraid but sees the punch coming has apprehension. - Imminence: The contact must be about to happen. "I'll hit you tomorrow" is not assault. - Words alone: Generally not enough. But words + overt act can be assault. Words can also negate assault: "If you weren't my friend, I'd punch you" (conditional threat negating present intent). - Apparent ability: D must have apparent present ability to carry out the threat. An unloaded gun pointed at P (who doesn't know it's unloaded) is assault because P reasonably believes contact is imminent.
Methods of Confinement: - Physical barriers (locked room) - Physical force or threat of immediate physical force - Assertion of legal authority (even if invalid) - Refusal to release when there is a duty to do so
NOT Confinement: - Moral pressure or future threats - A reasonable means of escape exists (but P need not risk injury or humiliation to escape) - Refusal to let someone in (only restraint of movement OUT)
"Extreme and Outrageous": Conduct that exceeds all bounds of decency tolerated in a civilized society. Mere insults, annoyances, and petty oppressions are insufficient.
Heightened vulnerability: Conduct directed at known vulnerable persons (children, elderly, pregnant women) is more likely to be considered outrageous.
Common carriers and innkeepers: Held to a higher standard — even gross insults may be outrageous.
Severe emotional distress: Must be genuinely severe, not merely annoying or mildly upsetting. Physical manifestation is not required in most modern jurisdictions.
Key Points: - Intent to enter the land is sufficient. D need not intend to trespass — mistake about ownership or boundaries is no defense. - Physical invasion includes entering the land, causing an object to enter (throwing a ball), or remaining after permission expires. - Airspace invasions at low altitudes and subsurface invasions can be trespass. - Damages: Nominal damages available even without actual harm.
Key distinction from conversion: Trespass to chattels involves lesser interference. The chattel can be returned in its original condition. Remedy: actual damages only.
Factors for severity (Restatement): - Extent and duration of control - Intent to assert ownership - Harm to the chattel - Inconvenience and expense to plaintiff
Remedy: Forced sale — D pays P the full fair market value of the property (essentially buys it).
If D intends one of the five original trespass torts against one person but commits a different tort against a different person, intent transfers.
Applies to: Battery, Assault, False Imprisonment, Trespass to Land, Trespass to Chattels
Does NOT apply to: IIED, Conversion
Example: D throws a rock at A (intending battery on A), but hits B. D is liable for battery on B — intent to batter A transfers to B.
Example: D intends to commit assault on A (raises fist), but the fist actually hits A. D is liable for battery on A — intent transfers from assault to battery.
The statutes SofAI ties to this topic. Use them as your IRAC rule block, then verify the current text on the official leginfo link.
Everyone must abstain from injuring another person or that person's property, and from infringing on any of their rights.
Intentional torts are heavily tested on the Baby Bar. Examiners love fact patterns with multiple potential torts (battery + assault + trespass) and transferred intent. Always check for every possible tort — do not stop at the first one you identify.