What is a Tort (Lecture) Part 5

Palsgraf v. LIRR (1928), p. 263 Judge Duty (question Cardozo in Palsgraf of law) Jury (question of fact) Breach Causation Harm Andrews in Palsgraf III. Intentional Torts • • • • • • • Assault Battery False Imprisonment IIED (“intentional Infliction of Emotional Distress”) Trespass to Property Trespass to Chattels Conversion • • • • False Light Defamation Fraud Invasion of privacy Elements of the Main Intentional Torts • Battery: – an act by D with intent to (a) inflict harm or (b) conduct offensive touching + causation [harm presumed] • Recall Vosburg v. Putney • Assault: – Intent + an act by D or threat of an action which puts an individual in reasonable apprehension of imminent bodily harm • False Imprisonment: – Specific intent + unlawful restraint, often through force or threat of force, that confines someone to a bounded area (however big that area). Person has to know they’re restrained • IIED: Intentional Infliction of Emotional Distress – Intentional or reckless conduct that is extreme and outrageous that causes severe emotional distress • Trespass: – intent + unlawful intrusion on or invasion of someone’s land Elements of Battery (deeper dive) • an act by D • with intent to act • • • To inflict harm or To conduct offensive* touching or Or simply to act • that causes • Harm *Assume for today that offensive = unconsented to Rule: The tort of battery is an unconsented touching The defendant may touch something connected to plaintiff’s person, and that can count Any kind of intentional touching can count so long as it hasn’t been consented to… …and even if it isn’t physically harmful, just icky …or simply unwanted Once again, recall Vosburg—context matters Mohr v. Williams (1905), p. 284 (Legacy of Mohr v. Williams & true story: surgeons do sometimes ask patients to use sharpies to mark which body part is to be operated on)