TORTS

TORT: The study of civil wrongs without a contact for which the law provides a remedy.

Intent: Is the desire or knowledge to bring about harm or the substantial certainty (97%)
that the harm will occur.

Transferred Intent: A person who suffers an intentional tort need not prove that the actor
intended the tort to apply to him.
• Assault, Battery, False Imprisonment, Trespass to Realty, Trespass to Chattel

Battery
An intentional harmful or offensive touching to another person.
Intentional Touching Harmful or Offensive
Transferred -This does not have to be person to -A reasonable person would find
Intent applies person it offensive
- Can be something you caused to come -Account for social norms
in contact with them -least touching in anger is
- The person does not have to be aware offensive
of the touching (kissing someone
sleeping)

Examples: -Do not lose your common

-Hand-to-hand sense!
-Smoke (particulate matter)
-Throwing a ball
-Colonoscopy bag

Assault
An intentional act causing an imminent apprehension of a harmful or offensive touching to
another person.
Intent Imminent Apprehension Harmful or
Offensive
Transferred -About to happen. - A feeling of anxiety or fear -A reasonable person
Intent applies -Can be either that something bad or would find it offensive
present acts or unpleasant will happen -Account for social
words. -any sensory indication norms
-Not future threats. -They have to know!

Examples: -Do not lose your

-Smelling of arsenic common sense!
-Holding a gun to one’s
head.
 False Imprisonment
Florida: An intentional act that unlawfully or unreasonably confines another against their
will within fixed boundaries. (an unreasonable restraint of another or third person against
their will)
Restatement: An intentional act that confines another person against their will within fixed
boundaries set by the actor with no reasonable means of egress.
Confines Against Will Unlawful/Unreasonable
-Largest area one can be -Did they ask to leave -Length
restrained to is a State. -Did they try to leave -Circumstances
-Not expected to leave -Did they know they were -Rudeness
behind personal property. restrained or were they -Gravity of offense
-Is there a reasonable way injured?
out?
-Look at risk of injury in
getting out.
Example:
Holding drivers license
Closed door
Locked door
Blocked door

IIED
Intentional or reckless act that is extreme or outrageous conduct intended to cause severe
emotional harm to another person.
Intentional Outrageous & Extreme Causation Sever Distress
or Reckless
There is no Measured by social standards. Usually it is Physical harm-most
Transferred Courts frequently find IIED where implied states require a
Intent. there is an authoritative physical
relationship or economic manifestation of
motivation. harm.

It must be
measurable.
Examples: Migraine headache
creditors can be measured
landlords through blood
funeral homes. vessels.

Look for something that would Continue seeing a

make the individual hypersensitive psychiatrist.
i.e. child, pregnant mother.

This is a sliding scale

Trespass to Land (real property) Privilege

The intentional intrusion on real property owned or rightfully
possessed by another.
Intentional Intrusion Another’s For public and
Transferred intent The defendant must Plaintiff owns the private necessity,
applies. be on property, or property, from the look for the implied
cause something or depths of the earth to contract with society
someone to be on the heavens. and us.
property.
You do not have to Example: If the
actually touch the house is burning the
land. firefighters have the
Mass trespass: more than one parcel of land is affected you must right to come into
show damage. No need to show damage in regular trespass your home, and if it
situations. is custom usage to
A nuisance is anything done to hurt, annoy, or to the detriment of let the media in this
the lands of another but does not amount to a trespass (inherently is allowed
harmful). It must be an unreasonable nuisance not something due to
a sensitive state. You can get the action stopped but not receive
damages for it.

Trespass to chattel (non-real property)

The intentional interference with possessory interest of another person’s personal property
which results in harm to the chattel or deprives the owner of its use.
Intentional Impaired or harmed or Deprived of use
Intent: Desire or knowledge Hypo
to bring about, or substantial A has a barge worth $0. B Impaired or harmed → yes
certainty (97%) that harm hits the barge and causes Deprived of use → no
would occur. $2,000 in damages. The
barge still is operable.
Transferred intent applies
here.
This is best to argue when the chattel is harmed/damaged, but not destroyed. You can
recover the repair value.

Conversion
The intentional exercise of dominion and control over a chattel, which seriously interferes
with the possessor’s right of control.
Extent/duratio Intent to Actors good Harm done to Inconvenience
n of control assert right faith chattel & expense
and caused to
interference possessor
Hypos
You are at a restaurant and leave with the wrong hat. Extent & duration → minimal
You realize this just after leaving and return the hat Intent → yes, to take the hat
immediately Good faith → yes
Harm done → none
Inconvenience & expense → little
Not Conversion
You are at a restaurant and leave with the wrong hat. Extent & duration → minimal
You realize this after going home. You call the Intent → yes, to take the hat
restaurant that is closing and arrange to return it first Good faith → yes
thing in the morning. Harm done → none
Inconvenience & expense → little
Not Conversion
You are at the restaurant and leave with the wrong Extent & duration → permanent
hat. You realize this just after leaving but then the hat Intent → yes, to take the hat
blows off your head and falls into the drainage system. Good faith → NA
 Harm done → yes, hat is gone
Inconvenience & expense → hat is
gone
Is a Conversion
This is a sliding scale, any one or a compilation of them could cause it to be a
conversion.

Privilege
Implied consent-look at customs and usage

Example: when we participate in a sport we waive our right not to get hurt unless it is not
expected or unreasonably outside the rules of the sport.

Example: you cannot use excessive force, even in protecting yourself.

You cannot be the provoker or the continued aggressor.

In Florida, it is not specified whether you need to be home if you have set a mantrap.