Torts Battleplan. Michael Kusi. Torts is composed of 5 liable actions. 1) Intentional Torts. 2) Defenses to Intentional Torts. 3) Negligence.

4) Defenses to Negligence. 5) Strict Liability.

1) Intentional Torts There are 5 different types of intentional torts: 1) Battery, 2) Assault, 3) False Imprisonment. 4) Conversion. 5) Trespass to Chattels. A) Battery- The elements of battery are 1) intent to touch. 2) harmful or offensive. 3) Contact actualized. 1) Intent to Touch- When one acts in order to cause a dehumanizing contact. It does not matter that you did not intend to injury someone. Example Case No#1 Example Case No#2 Van Camp v Mcafoos Mcafoos, a 3-year old child, ran into Van Camp, who sued for battery. However, the court ruled that there was a motion to dismiss because she did not prove fault. Example Case No#3 Single Intent- when you simply intend to touch, but do not intend to harm. Snyder v Turk- Single Intent-The doctor forced his nurses head into an open wound during surgery. The court held that the fact that he did not intend to injure her was immaterial, since the contact was offensive to her sense of dignity. Mullins v Parkview Hospital, Inc- Mullins consented to a surgery, but required conditions such as a specific doctor. A med student operated on her and caused

extensive damage. Mullins sued, but the court held that VanHoey merely intended to touch her as part of the surgery, but did not intend to harm. Dual intent- when you intend to touch and intend to harm. Garrett v Dailey-Dual Intent-Garrant had pulled the chair out from under Dailey, causing her injury. The court ruled that a child can be liable for a tort when they have a dual intent White v Muniz-Everly, who was a Alzheimers patient, struck Muniz on the chin. Muniz sued for battery and the court held that since she had intended to touch and intended to harm, that constituted battery. It did not matter that White had a mental disease, because she was held to a reasonable person standard.

Example Case No#4 Transferred Intent between persons- If I intend to hit Carl, and instead hit Karla, then I have intended to hit Karla because of transferred intent. Stoshak v East Baton Rouge Parish School- Stoshak was injured when he was trying to stop a fight between two students. The court held that there was transferred intent, which meant that if someone had tried to hit a student, and instead hit Stoshak, then the intent would be transferred to Stoshak. Transferred Intent between torts- If I just intended to throw something at Rasheed, and it hits him, then there is transferred intent from assault to battery. Extended Liability- A person who commits a tort is liable for all damages, foreseeable and unforeseeable.

2) That is harmful or offensiveCohen v Smith- Cohen was a woman whose religious beliefs prevented her from being seen by a man. However, Roger Smith, a nurse, performed a medical procedure on her as she was pregnant. The court held that it was offensive, because she had a right to set the conditions to do so and to violate this constituted an offense.

3) Harmful or Offensive Contact Actualized-

A.R.B v Elkin- A man and a woman claimed that their father assaulted them. However, the trial judge ruled that since there was no proof of contact, then no damages. But, the appeals court ruled that since there was emotional harm, that constituted harm that could be compensated.

B) Assault is defined as 1) putting someone, 2) in imminent apprehension 3) of bodily harm. Case- Cullison met Sandy and her father threatened to hurt him if he ever saw Cullison again. Cullisons life was ruined, and therfefore he sued for assault. The court held that there was assault, because he was put in fear of being shot by the father.

Words alone cannot constitute assault unless they are accompanied by actions that indicate a potential bodily contact.

- Fear is different from apprehension. If I am Superman, and you threaten to hit me, I
would not be fearful, but I would anticipate this contact, and therefore this threat would be assault.

- Words can negate assault, such as a condition. If I said- If he was not here, I would
hit you, then that would not be assault because I have revealed that I would not hit you and therefore you should not have apprehension.

- It must be imminent apprehension, which means that it must be happening without a

significant delay so that the plaintiff cannot get help.

C) False Imprisonment- It is defined as 1) unlawful confinement, 2) without consent, 3) for a prolonged period of time. 4) in a limited area. 5) while the plaintiff is conscious and aware of his imprisonment. Mccann v Wal-Mart.- The store thought that Mccann was stealing so they had kept Mccann and her children at the store for a prolonged period of time. The court ruled

that the imprisonment need not be physical, but could be accomplished through intimidation. D) Trespass to Land- Trespass to Land consists of 1) unlawful entry. 2) upon the land of another. 3) through either personally being present on the land or causing something to come upon the land. - You do not have to be conscious of entering the land, so this is not a defense. E) Conversion- 1) unlawful taking 2) to intend to exercise substantial dominion over the chattel 3) so that the plaintiff must be compensated the full amount of the chattel. The conversion must be of physical, tangible, property. F) Trespass to Chattels- 1) intentionally, 2) Without justification or consent 3) physically interfered with the use of personal property of plaintiff 4) so that the defendant could not enjoy it. CaseSchool of Visual Arts v Kuprewicz- The defendant had sent porn to the plaintiff,who was working for a school. The court held that in trespass to chattels, there must be proof of actual damage to the physical condition, quality or value of the property, and that the defendant must intend to cause this damage.