Torts Review

I. INTENTIONAL TORTS A. Seven torts (four against persons, three against property). B. Act–volitional act, act of the will. C. Intent 1. Person torts: defendant desires the result, or defendant knows with substantial certainty the result will occur. 2. Property torts: defendant desires to do the act, or defendant knows with substantial certainty the act will occur. 3. Minors are liable for their intentional torts. 4. Insane persons liable for their intentional torts. 5. Mistaken persons liable for their intentional torts. 6. Transferred intent a. Definition: When the defendant intends to commit one tort, but instead (or in addition), commits another tort to the same plaintiff, a different tort to the same plaintiff, and/or commits the same and/or different tort to a different plaintiff. b. The requisite intent can be transferred from one plaintiff to another or from one intentional tort to another. c. Tort intended and tort committed must be either assault, battery, false imprisonment, trespass to land, or trespass to chattels (old actions for trespass). d. No transferred intent for intentional infliction of emotional distress or conversion. D. Causation–basic “but for” actual cause. E. Damages–actual damages not required for battery, assault, false imprisonment. F. Intentional Torts to Persons 1. Battery a. Definition: Act by defendant that intentionally causes a harmful or offensive contact with plaintiff’s person. b. Intent to cause a harmful or offensive contact with plaintiff’s person. c. Causation–actual cause d. Harmful or offensive–judged by the reasonable person standard. e. Plaintiff’s person can include plaintiff’s physical body, clothing and anything closely connected to plaintiff.