Chapter 6 Intentional Torts Tort a civil wrong that is not a breach on contract Four types of wrongfulness 1 Intent 2 Recklessness a The desire to cause certain consequences or the substantial certainty that those consequences will result from one s behavior a Sometimes called willful and wanton conduct b A conscious indifference to a known and substantial risk of harm created by one s behavior c Near equivalent of intentional wrongdoing a A failure to use reasonable care with harm to another party occurring as a 3 Negligence result 4 Strict Liability a Liability without fault or more precisely liability irrespective of fault b Plaintiff does not need to prove intent recklessness negligence or any other kind of wrongfulness on the defendant s part c Strict liability is not automatic liability plaintiff must prove certain things in any strict liability case fault is not one of them Where a civil case is normally a suit b t private parties in criminal cases a prosecutor represents the government in confronting the defendant The standard of proof that the plaintiff must satisfy in a tort case is the preponderance of the evidence standard not the stringent beyond a reasonable doubt standard which is applied to criminal cases o Preponderance of evidence the greater weight of the evidence introduced at the trial must support the plaintiff s position on every element of the tort case A plaintiff who wins a tort case usually recovers compensatory damages for the harm they suffered as a result of the defendant s wrongful act If the defendants behavior was particularly bad injured victims may also recover punitive damages o Punitive damages intended to punish flagrant wrongdoers and to deter them as well as others from engaging in similar conduct in the future Inference with Personal Rights 2 categories of intentional torts 1 2 those involving interference with personal rights those involving interference with property rights Battery the intentional and harmful or offensive touching of another without their consent contact is harmful if it produces bodily injury battery also includes nonharmful contact that is offensive calculated to offend a reasonable sense of personal dignity the intent to cause harmful or offensive contact the intent to cause apprehension that such contact is imminent the intent required for battery is either 1 2 transferred intent a defendant who intents to injure one person but actually injures another is liable to the person injured despite the absence of any specific desire to injure him touching does not require direct contact between the defendant s body and the plaintiff s body o considered touching if defendant lays a trap o considered touching if defendant causes contact with anything attached to the plaintiff s body the plaintiff does not need to be aware of the battery at the time it occurs o ex someone sneaks up behind someone and knocks them out no liability for battery if the plaintiff consented to the touching o general rule consent must be freely and intelligently given to be a defense to battery o consent also may be inferred from a person s voluntary participation in an activity but is ordinarily limited to contacts that are a normal consequence of the activity ex boxer gets hurt by being punched does not have a valid battery claim against another boxer however getting your ear bitten in a boxing match would have a valid battery claim the law infers consent to many touchings that are customary or reasonably necessary in normal social life o ex tap on the shoulder being brushed against in a busy street corner Assault assault occurs when there is an intentional attempt or offer to cause harmful or offensive contact with another person if that attempt or offer causes a reasonable apprehension of imminent battery in the other person s mind o necessary intent is the same as the intent required for battery o irrelevant whether the threatened contact actually occurs instead key is the plaintiff s apprehension of harmful or offensive contact apprehension does not need to involve fear ex thinking I m just about to be hit threats of some future battery do not create liability for assault apprehension must pertain to anticipated battery that would be imminent or immediate plaintiff must experience apprehension at the time the threatened battery occurs plaintiff s apprehension must also be reasonable o ex threatening words normally no an assault unless they are accompanied by acts or circumstances indicating intent to carry out a threat Intentional Infliction of Emotional Distress most courts today allow recovery for severe emotional distress under appropriate circumstances regardless of whether the elements of any other tort are proven all courts require that a wrongdoer s conduct be o outrageous outrageous in character go beyond all possible bounds of decency regarded as atrocious o intentional or reckless False Imprisonment false imprisonment the intentional confinement of another person for an appreciable time a few minutes is enough without their consent confinement involves keeping the plaintiff within a circle created by the defendant could be a physical barrier or from the use of threat of physical force against the plaintiff o confinement must be complete lock all doors not some partial confinement is not false imprisonment o if a means of escape exists it does not relieve the liability of the defendant if the plaintiff does not know of its existence or if using the escape route would present some unreasonable risk of harm to the plaintiff or would involve some affront to the plaintiff s sense of personal dignity plaintiff must have knowledge of his confinement in order for liability for false imprisonment to arise no liability if the plaintiff consented to their confinement conditional privileges given to merchants store owners to stop suspected shoplifters Defamation protects the individual s interest in his reputation defined as the unprivileged publication of false and defamatory statements concerning another 2 forms of defamation o Libel Written or printed defamation or to other defamation having a more or less permanent physical form Ex picture sign statue Because of libel s permanent nature and seriousness we attach to the written word plaintiffs are allowed to recover without proof of special damages actual reputational injury and actual harm and instead are allowed to recover based on presumed damages o Slander All other defamatory statements
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