Torts OutlineProfessor BoydCole CagleFall 201211. Intentional Interference with Person or Propertya. Intenti. Definition 1. The act must be done for the purpose of causing the contact or apprehension or with knowledge on the part of the actor that such contact or apprehension is substantially certain to be produced. a. Intentionally moving a chair to hurt someone is a battery. i. Garratt v. Dailey  boy moves chair, old lady breaks her hip2. The knowledge and appreciation of a risk, short of substantial certainty, is not the equivalent of intent.a. Spivey v. Battaglia  friendly, unsolicited hug causes paralysisii. Mistakes to the identity of the person or animal does not negate intent. 1. Ranson v. Kittner  ∆ shoots dog while hunting, thinking it was a wolfiii. Insane people are held to the same level of intent of a regular person.1. McGuire v. Almy  Plaintiff caregiver attacked by insane ∆iv. Doctrine of Transferred Intent1. Talmage v. Smith  Man throws stick and hits unintended persona. If A shoots at B and unintentionally hits C, the intent to shoot Bis transferred to C. 2. Only applies to the five intentional tortsa. Batteryb. Assault c. False Imprisonmentd. Trespass to Lande. Trespass to chattelsb. Batteryi. The intent to bring about a result which will invade the interest of another in a way that the law forbids.ii. What is a battery: an intent to cause 1. Either a harmful contact2. Or an offensive contactiii. Crowded World Doctrine1. In a crowded world, a certain amount of personal contact should be expected.2. Wallace v. Rosen  Bitch plaintiff sues after teacher touches her during a fire drilliv. Anytime a medical professional operates or does anything outside of the scopeof what has been consented to, it is a battery.v. To constitute a battery, it is not necessary to touch the plaintiff’s body or even his clothing; knocking or snatching anything from plaintiff’s hand or touchinganything connected with his person, when done in an offensive manner, is sufficient.1. Fisher v. Carrousel Motor Hotel, Inc.  Racist ∆ calls plaintiff a negro while grabbing his plate away from him2vi. You do not have to show actual physical injury, mental suffering is recoverable.vii. Battery protects us our dignity as well. c. Assaulti. Definition1. An apprehension of contact and a fear of imminent contact.ii. An action for assault can be maintained even if there is no harm done.1. I de S et ux. v. W de S  Crazy ∆ swings hatchet at plaintiff after beingtold there was no wine to be hada. Great-grandparent of all assault casesiii. You must be able to effectuate the threat of offensive or harmful contact.1. Western Union Telegraph Co. v. Hill  ∆ asks plaintiff to let him love and pet her before he will fix her clock, then reaches across the counterto pet heriv. Threats of future actions are not assault.1. Note 9(E), page 41  “If you do not pay me my money, I will have your life.”a. This constitutes an assault because the ∆ imposed an unlawful condition on the plaintiff.v. Words alone can not constitute an assault.1. If these words are accompanied by a gesture that would reasonably cause imminent apprehension of contact, then maybe.d. False Imprisonmenti. Definition1. The direct restraint of one person of the physical liberty of another without adequate legal justificationii. Requires 1. Restraint against the will of the person2. The Unlawfulness of such restraintiii. No actual damages need to be proved.1. Big Town Nursing Home, Inc. v. Newman  Plaintiff is put in nursing home against his will and they won’t let him leavea. Boyd says that if conditions were luxurious, it would still be false imprisonment but would be considered when determining proper amount of damagesiv. There can be false imprisonment in a moving automobile.v. If there is a reasonable means of exit that is available and the plaintiff knows about it or if it is apparent, there is no imprisonment. 1. What constitutes an unreasonable escape ?a. If it involves exposure of the personi. ∆ steals plaintiff’s clothes while he is in the waterb. Material harm to the clothingc. Danger or substantial harm to another2. If the only means of escape could cause physical danger to plaintiff, and he could remain “imprisoned” without any risk of harm, he may not recover for injuries he suffers in making his escape.3vi. Even if a joke, there is false imprisonment.vii. It has to be intentional; otherwise, the confinement will be negligence.viii. The plaintiff must be conscious at the time of the confinement.1. Parvi v. City of Kingston  Guy is blackout drunk when cops take him to an abandoned golf course and he gets hit by a car wandering into the roadway2. Also know the other test: must be either conscious or injured as a result of the confinement. ix. If a person submits merely to persuasion, and accompanies the defendant to clear himself of suspicion, without any implied threat of force, the action doesnot lie. 1. Hardy v. LaBelle’s Distributing Co.  Plaintiff is accused of stealing from ∆s store and led to a room via deceit to discuss the matterx. Threats of future action do not constitute false imprisonment. 1. E.g. if ∆ threatens to call police to have P arrested unless he staysxi. An unlawful arrest by a police officer is false imprisonment1. Enright v. Groves  Plaintiff refuses to surrender license after cop asks her for it for violating the leash lawxii. Confinement does not merely have to be walls, i.e. it could be water1. Whittaker v. Sanford  ∆ won’t let plaintiff off his yacht after they sailfrom Syria to the United Statese. Intentional Infliction of Emotional Distressi. Requires:1. Intentional or Reckless conduct2. Extreme or Outrageous conduct3. Causal connection between conduct and emotional distress4. Severe emotional distressa. Distress so severe that no reasonable person would be expectedto endure itii. A person liable for intentionally subjecting another to mental distress without intending to cause bodily harm is liable for the resulting bodily harm if he should have foreseen that the mental distress might cause such harm.1. State Rubbish Collectors Ass’n v. Siliznoff  Trash collectors threaten Siliznoff and he throws up and misses work because of mental distress it causes himiii. Requires an objective standard.iv. A pre-existing condition of psychological stress, i.e. stutter, will not preclude liability if it can be shown that the