Class 14 - Intentional Torts

Midterm will be next Thursday, Oct 22. Includes everything through the second half of Ch 6 (intentional torts), but not the first half of Ch 6. Review will be on Tuesday.

Many different types. Wrongful conduct against a person or property. Many of these are also crimes. Know the definitions of these torts - assault, battery, false imprisonment, intentional inflictions of emotional distress.

Battery: unlawful touching which is intentional physical contact without consent. Punitive damages would only be applied if it was intentional. Only compensatory - medical, rehab, lost future wages.

Intentional torts always carry a punitive damage award.

Battery - intention physical contact which is either harmful or offensive without lawful justification. Self defense is considered lawful justification. Throwing an object is also a battery. Direct contact is not necessary.

Assault - intentional which places another person in apprehension of an imminent physical contact without lawful justification. Words alone and oral threats are not an assault. Physical conduct coupled with words is an assault.

Assault and battery are separate and each can occur without the other.

Intent travels with the object. If you throw something and it hits an unintended target, it's still a battery against that unintended target. Ex: drive-by shooting which hits an innocent bystander.

Assault must be immediate. Threatening someone with harm at a later time is not assault.

Assault only applies if the victim sees it coming. If not, there's no apprehension. In the criminal area, there does not need to be apprehension.

Battery can be offensive, not just harmful. Ex: Groping. Offensive has an objective standard based on an ordinary, reasonable person in contemporary American society. If the person is personally offended and has notified the offender, any further contact may be a battery.

See Fuerschbach v Southwest Airlines pp 137-138 - sometimes jokes and pranks can be assault and battery. You don't have to intend to harm. The intent is only required on the contact. You don't have to know how much harm will come from the contact. Only intent for the contact is required for it to be considered battery.

Defenses:
Consent - ex: sporting events. But only reasonable contact that can be expected in the sport.
Privilege
Self defense - only if your act of defense is reasonable in the circumstances. Only use deadly force if you are in danger of death or great bodily harm.
Cannot cause great bodily harm in defense of property. However, you may protect your house from intruders with deadly force.
See case of Iowa farmer who set up a shotgun to shoot a burgler - there was no threat of harm.
Defense of Others - if you do, you step into that person's shoes.