Intentional Torts
No class on Friday
Office Hours Today from 12pm to 1pm
Student Evaluations At end of class, from 9:50am to 10:00am
Structure
Intentional Torts:
— Battery
— Assault
— False imprisonment
— Intentional infliction of emotional distress
Defenses: — Consent — Self-defense — Defense of property — Necessity
Abridged Definition from Restatement (Third) of Torts A person acts with the intent to produce a consequence if: (a) the person acts with the purpose of producing that consequence; or (b) the person acts knowing that the consequence is substantially certain to result.
Abridged Definition from Restatement (Second) of Torts An actor is subject to liability to another for battery if he acts intending to cause a harmful or offensive contact with the person of the other or a third person, or an imminent apprehension of such a contact, and a harmful or offensive contact with the person of the other directly or indirectly results.
Abridged Definition from Restatement (Second) of Torts An actor is subject to liability to another for assault if (a) he acts intending to cause a harmful or offensive contact with the person of the other or a third person, or an imminent apprehension of such a contact, and (b) the other is thereby put in such imminent apprehension.
False Imprisonment
Lopez v. Winchell’s Donut House
“The Accused Employee Who Freely Left”
[fit] Intentional Infliction of Emotional Distress
Womach v. Eldridge
“The Distressing Accusation of Molestation”
Second Restatement
“One who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another is subject to liability for such emotional distress, and if bodily harm to the other results from it, for such bodily harm.”
Snyder v. Phelps
“Protesting Soldiers’ Funerals”