Intentional Torts

Dr. Tabrez Ahmad Associate Professor of Law Friday, December 11, 2009 Dr. Tabrez Ahmad,KLS, KIIT

Nature of a Tort:
Tort liability is imposed by law rather than voluntary assumed as is the case with contract liability.
Friday, December 11, 2009 Dr. Tabrez Ahmad,KLS, KIIT

When does a tort occur?
There are 4 elements in a tort action:
1. A duty to one person

2. The breach of that duty (either by doing something or failing to do something)

3. The breach must proximately cause the plaintiff’s injury
4. An injury to the plaintiff

What is an intentional act?
An act is intentional where the actor:
1. Intended the physical consequences of his/her act or

2. Knew, or should have known, that those consequences were substantially certain to occur as a result of his/her conduct

Example:
Bhaskar locks his shop at the end of the day. Unknown to Bhaskar, Kanad was in the restroom.

As a result, Kanad could not exit the store until Bhaskar returned the next day.

Has Bhaskar Committed a false imprisonment?
Why or why not?

Intentional Torts:
1. Battery
2. Assault
3. False Imprisonment

4. Infliction of Emotional Distress
5. Defamation
6. Invasion of Privacy
7. Trespass

8. Nuisance
9. Trespass to Personal Property
10. Conversion
11. Interference with Contractual Rights

12. Disparagement
13. Fraudulent Misrepresentation

Battery:
A battery occurs where the defendant has intentionally caused an offensive touching upon an item which is physically associated with the plaintiff.

Prima facie defined: “At first look” – a claim “good on the face of it”
What does it mean?
Why have such a requirement?

Moving party argues that the Complaint, assuming factual allegations to be true, fails to state a valid legal claim
Facts extraneous to the Complaint are not considered – the motion focuses on “the four corners of the Complaint”

Van Camp v. McAfoos :
Plaintiff’s complaint fails to state a claim if it does not contain an allegation of fault – an allegation that the defendant acted either intentionally or negligently

Literally asks the judge to “direct” the jury to render a verdict for the moving party
-- comes after the plaintiff has produced all his evidence at trial
-- moving party is arguing that the plaintiff has failed to prove the elements of any legal claim

Battery requires that the defendant act, “intending to cause a harmful or offensive contact,” and that “a harmful [or offensive] contact results.”
-- Snyder v. Turk
-- Cohen v. Smith

What counts as “contact” ?

What damages are available for offensive (not physically harmful) battery?
Must damages be proved with precision?

1. Defendant must act volitionally
2. Defendant must intend to cause a harmful or offensive touching of the plaintiff
3. Contact with or touching of the plaintiff
4. Plaintiff must be either harmed or offended by the touching ( note causal link )

Either of the following:
Acting with the purpose to achieve the invasive result,
OR
Acting with knowledge that the invasive result is substantially certain to occur

D intends to commit a tort on A
But commits that tort on B instead.
Can B sue D for that tort?
But commits a different tort on A
Can A sue D for the different tort?
But commits a different tort on B instead.
Can B sue D for the different tort?

Children: May be held liable for intentional torts, as long as they form the requisite intent and the other elements are proved
Parents: Are not liable for torts of their children, unless (1) the parents themselves are at fault and primarily liable, OR (2) a statute makes them liable.

Polmatier & White v. Muniz
General rule : Mental infirmity is not a blanket defense. The issue is whether the defendant formed the required “intent.”

Defendant must intend to touch the plaintiff
AND
must intend to harm or offend the plaintiff

Examples:
1.Where the D
deliberately poisons the plaintiff

2.Where the D knocks a hat off the plaintiff’s
head
3.Where the D shakes the car that the D knows the plaintiff is seated in.

Assault:
Occurs where the defendant intentionally cause the plaintiff to reasonably be in apprehension of an imminent, offensive touching.

False Imprisonment:
Occurs when the defendant intentionally confines (either physically or by overcoming the plaintiff’s will)

the plaintiff to a definable area from which there is no reasonably apparent means of escape .

Example:
Pleasure Inn
Shopkeeper’s Privilege
Arrest Privilege

Defamation:
Elements:
1. False Communication
2. Injury to the Reputation
3. Published Statement

A defamatory statement is one which is false and lowers the person’s esteem in the community or subjects the person to hatred, contempt, or ridicule.

Defamation (continued):
Libel: When the defamatory statement is in written form.
Slander: When the defamatory statement is oral

* The defamatory statement must be communicated to a third person or persons other than the one who is defamed.
* Can not defame a dead person.

Defenses to defamation suits:
Absolute Privilege
Qualified Privilege
Constitutional

Invasion of Privacy:
1. Appropriation of Name or Likeness
*Use of another’s name without consent
*For benefit

2. Intrusion
*Unreasonable and offensive interference with person’s seclusion

3. Public Disclosure of Private Facts
* Publicity (communication to public peers)

* Of private information regarding an individual can be truthful

4. False Light
* Highly Offensive
* Publicity
* Placing another in false light

* The defendant publicly knew was untrue or acted in reckless disregard of truth
* There is a difference between an accident and reckless disregard

Interference with Property Rights:
Real Property

Trespass:
Intentionally
enters or remains
on property belonging to another or
causes a thing or another to do so or

fails to remove something he has a duty to remove.
Injury (damage) does not have to occur.

Interference with Property Rights:
Airspace
Nuisance

Personal Property:
Intention
dispossession or
unauthorized use of other’s property

Liability:
Dispossession
Trespass to personal property
Conversion

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Intentional Torts

by Dr Tabrez Ahmad

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