intentional tort by dr. tabrez ahmad associate professor of law kiit law school india
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Dr. Tabrez AhmadAssociate Professor of Law
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Nature of a Tort:
Tort liability is imposed by law rather than voluntary assumed as is the case with contract liability.
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When does a tort occur?There are 4 elements in a tort action:1. A duty to one person
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2. The breach of that duty (either by doing something or failing to do something)
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3. The breach must proximately cause the plaintiff’s injury
4. An injury to the plaintiff
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What is an intentional act?An act is intentional where the actor:1. Intended the physical consequences of his/her act or
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2. Knew, or should have known, that those
consequences were substantially certain to occur as a result of his/her conduct
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Example:Bhaskar locks his shop at the end of the day. Unknown to Bhaskar, Kanad was in the restroom.
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As a result, Kanad could not exit the store until Bhaskar returned the next day.
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Has Bhaskar Committed a false imprisonment?
Why or why not?
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Intentional Torts:1. Battery2. Assault3. False Imprisonment
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4. Infliction of Emotional Distress5. Defamation6. Invasion of Privacy7. Trespass
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8. Nuisance9. Trespass to Personal
Property10. Conversion11. Interference with Contractual Rights
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12. Disparagement13. Fraudulent
Misrepresentation
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Battery:A battery occurs where the defendant has intentionally caused an offensive touching upon an item which is physically associated with the plaintiff.
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Prima facie defined: “At first look” – a claim “good on the face of it”
What does it mean? Why have such a
requirement?
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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”
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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
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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
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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
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What counts as “contact” ?
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What damages are available for offensive (not physically harmful) battery?
Must damages be proved with precision?
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1. Defendant must act volitionally2. Defendant must intend to cause a harmful
or offensive touching of the plaintiff3. Contact with or touching of the plaintiff4. Plaintiff must be either harmed or offended
by the touching (note causal link)
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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
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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?
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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.
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Polmatier & White v. Muniz
General rule: Mental infirmity is not a blanket defense. The issue is whether the defendant formed the required “intent.”
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Defendant must intend to touch the plaintiff
AND
must intend to harm or offend the plaintiff
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Examples:1.Where the D
deliberately poisons the plaintiff
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2.Where the D knocks a hat off the plaintiff’s
head3.Where the D shakes
the car that the D knows the plaintiff is seated in.
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Assault:Occurs where the defendant intentionally cause the plaintiff to reasonably be in apprehension of an imminent, offensive touching.
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False Imprisonment:Occurs when the defendant intentionally confines (either physically or by overcoming the plaintiff’s will)
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the plaintiff to a definable area from which there is no reasonably apparent means of escape.
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Example:Pleasure Inn
Shopkeeper’s PrivilegeArrest Privilege
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Defamation:Elements:1. False Communication2. Injury to the Reputation3. Published Statement
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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.
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Defamation (continued):Libel: When the defamatory statement is in written form.Slander: When the defamatory statement is oral
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* 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.
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Defenses to defamation suits:Absolute PrivilegeQualified PrivilegeConstitutional
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Invasion of Privacy:1. Appropriation of Name or Likeness
*Use of another’s name without consent*For benefit
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2. Intrusion*Unreasonable and
offensive interference with person’s seclusion
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3. Public Disclosure of Private Facts
* Publicity (communication to public peers)
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* Of private information regarding an individual can be truthful
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4. False Light* Highly Offensive* Publicity* Placing another in false light
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* The defendant publicly knew was untrue or
acted in reckless disregard of truth* There is a difference between an accident and reckless disregard
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Interference with Property Rights:Real Property
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Trespass:Intentionallyenters or remainson property belonging to another orcauses a thing or another to do so or
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fails to remove something he has a duty to remove.Injury (damage) does not have to occur.
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Interference with Property Rights:AirspaceNuisance
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Personal Property:Intentiondispossession orunauthorized use of other’s property
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Liability:DispossessionTrespass to personal
propertyConversion
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