​

Mistake and Intent

​

1. Black Letter Law / Rule

• The Rule of Mistake: Mistake does not negate intent.
  • If a defendant intends to do an act (e.g., fire a gun, enter land), the fact that they were mistaken about the target or ownership does not relieve them of liability.
  • Motive vs. Intent: Motive is irrelevant to intent. The plaintiff does not need to prove the defendant intended to commit the specific tort (e.g., kill the dog); they only need to prove the defendant intended the volitional act (e.g., discharge the firearm).

​

2. Key Cases

• Case Name: Ranson v. Kitner (1889)
  • Facts: Hunters intended to shoot a wolf but legally shot the plaintiff’s dog by mistake.
  • Holding: The defendants were liable for the value of the dog. Their mistake regarding the identity of the animal did not negate their intent to shoot.

​

3. Hypotheticals & Examples

• Trespass to Chattel/Conversion: If A takes B’s phone by mistake, thinking it is A’s own phone, A is still liable for Trespass to Chattel (minor interference) or Conversion (major interference). The mistake does not excuse the intent to take the object.
• Battery: If A slaps B thinking B is a friend, but B is a stranger, A is liable for battery. A intended the contact; the mistake regarding identity is irrelevant.

​

Battery (Extension to Person)

​

1. Black Letter Law / Rule

• Definition: Battery is an intentional act that causes a harmful or offensive touching of the plaintiff’s person.
• The “Touching” Element: Touching includes contact with items intimately connected to the plaintiff’s person such that they constitute an invasion of bodily integrity.

​

2. Key Cases

• Case Name: Fisher v. Carrousel Motor Hotel (1967)
  • Facts: A restaurant manager snatched a plate from an African American patron’s hand while shouting an insult. The manager did not touch the patron’s skin.
  • Holding: The snatching of the plate constituted a battery. The plate was intimately connected to the plaintiff, satisfying the touching element.

​

3. Hypotheticals & Examples

• Clothing: Pulling a tie, flipping a cap, or grabbing a coat constitutes battery because these items are intimately connected to the person.

​

Assault

​

1. Black Letter Law / Rule

• Definition: An intentional act that places the plaintiff in imminent apprehension of a harmful or offensive touching.
• Apparent Ability: The plaintiff need only demonstrate that the defendant had the apparent ability to bring about harmful contact. Actual ability is not required.
• Words Alone: Words alone are insufficient to constitute assault.

​

2. Key Cases

• Case Name: Western Union Telegraph Co. v. Hill
  • Facts: An employee, smelling of whiskey, reached across a counter toward a female customer and made indecent suggestions. The counter was wide enough that he arguably could not actually reach her.
  • Holding: The defendant was liable for assault. The width of the counter did not matter; the defendant had the apparent ability to touch the plaintiff.

​

3. Hypotheticals & Examples

• Unloaded Gun: If a defendant points an empty gun at the plaintiff, it is an assault. Even though the defendant lacks the actual ability to shoot, they have the apparent ability to cause harm.
• Threats: A person stating they will beat the plaintiff up (without physical action) is not assault because words alone are insufficient.

​

False Imprisonment

​

1. Black Letter Law / Rule

• Definition: An intentional act (or omission where there is a duty to act) that confines or restrains the plaintiff to a bounded area.
• Awareness Requirement: Awareness of confinement is a requisite for false imprisonment. If the plaintiff is unaware they are confined, there is no liability (unless harmed).
• Methods of Confinement:
  • Includes physical barriers, physical force, threat of force, or failure to provide means of escape when there is a duty to do so.
  • Moral Persuasion: Moral persuasion is not sufficient to constitute force or threat of force for confinement.
• Bounded Area: The area must be bounded. Exclusion (not letting someone in) is not false imprisonment.

​

2. Key Cases

• Case Name: Big Town Nursing Home
  • Facts: Plaintiff resident was refused permission to leave, denied access to a phone, and locked in a ward.
  • Holding: False imprisonment established because the plaintiff was restrained against his will.
• Case Name: Parvi v. City of Kingston (Discussed in context of police/drunk brothers)
  • Facts: Police took intoxicated brothers to an abandoned golf course/highway instead of arresting them. Plaintiff wandered onto a highway and was hit. Plaintiff had no recollection of the night.
  • Holding: Awareness of confinement is an essential element. If the plaintiff was too intoxicated to be aware of the confinement at the time, there is no false imprisonment claim (though negligence might apply).
• Case Name: Hardy v. LaBelle’s Distributing Co.
  • Facts: Employee accused of stealing a watch was asked to stay in an office for questioning. She was not threatened with force and passed a lie detector test.
  • Holding: No false imprisonment. The plaintiff stayed due to “moral persuasion” (desire to clear her name), which is not a sufficient method of confinement.
• Case Name: Enright v. Groves
  • Facts: Police officer arrested a woman for a dog-leash violation because she refused to show her driver’s license (which she was not legally required to produce).
  • Holding: False imprisonment (false arrest). The arrest was unlawful because it was based on the failure to produce a license, not the ordinance violation. Conviction of a crime is usually a defense, but the arrest itself must be lawful.

​

3. Hypotheticals & Examples

• Large Area: Being confined to a large estate (several hundred acres) is still false imprisonment if the plaintiff cannot leave the grounds.
• Voluntary Entry: Entering a room voluntarily does not negate false imprisonment if the defendant subsequently refuses to let the plaintiff leave.
• Luxury: Being locked in a luxurious suite (e.g., Waldorf Astoria) is still false imprisonment. The quality of accommodations only affects damages, not liability.
• Exclusion: Refusing to let a student enter a campus is not false imprisonment; the plaintiff is not confined to a bounded area.

​

Intentional Infliction of Emotional Distress (IIED)

​

1. Black Letter Law / Rule

• Definition: An intentional act by the defendant that is extreme and outrageous conduct that causes the plaintiff to suffer severe emotional distress.
• Extreme and Outrageous Conduct: Conduct that transcends all bounds of decency tolerated by a civilized society.
  • Insults: Mere insulting language is insufficient unless there is a special relationship (Common Carrier, Innkeeper) or the defendant exploits a known sensitivity (e.g., weak heart).
• Severe Emotional Distress: The plaintiff must suffer severe distress, not merely “mere” distress. Severity is a prima facie element, unlike in other torts where it only goes to damages.
• Purpose: IIED is a “gap filler” tort. It should only be used when the plaintiff suffers pure emotional distress without another underlying tort (like battery).

​

2. Key Cases

• Case Name: State Rubbish Collectors Ass’n v. Siliznoff
  • Facts: A rubbish collector was threatened by association members (Sopranos-style) regarding business territory. Threats were for future action.
  • Holding: Recognized the new tort of IIED. Previously, threats of future harm were not actionable as assault. This case filled the gap for pure emotional distress caused by extreme threats.
• Case Name: Slocum v. Food Fair Stores of Florida
  • Facts: Store employee told a customer, “You stink to me.” Customer sued for IIED.
  • Holding: The insults caused only “mere” emotional distress, not “severe.” Insulting language alone is not extreme and outrageous.
• Case Name: Harris v. Jones
  • Facts: Supervisor mocked the plaintiff’s stutter.
  • Holding: No IIED liability because the plaintiff failed to prove the emotional distress was severe. Severity is a prima facie element.
• Case Name: Taylor v. Vallelunga (Bystander IIED)
  • Facts: Daughter watched her father get beaten up. The defendant did not know the daughter was present.
  • Holding: No liability. To recover as a bystander, the plaintiff must prove the defendant intended to cause the bystander severe emotional distress.
  • Bystander Intent Rule: To prove intent, the bystander generally must show:
    1. Plaintiff was present.
    2. Plaintiff is a close relative of the injured party.
    3. Defendant knew the plaintiff was present and a close relative.

​

3. Hypotheticals & Examples

• Battery vs. IIED: If A breaks B’s arm, B sues for Battery. B recovers for pain and suffering (emotional distress) under the Battery claim. B does not need to sue for IIED.
• Known Sensitivity: If A knows B has a heart condition and scares them intentionally to cause an attack, this constitutes IIED.

​

4. Nuance & Policy

• Affect vs. Effect: In IIED, the severity of distress affects liability (it is a required element). In other torts (like Battery), the severity of distress only affects the amount of damages.

​

Trespass to Land

​

1. Black Letter Law / Rule

• Definition: An intentional act that causes a physical invasion of the plaintiff’s real property.
• Intent Requirement: The defendant must intend the underlying act (e.g., walking, throwing an object) that results in the entry. The defendant does not need to intend to trespass.
• Damages: Actual damages are not a prima facie element. A plaintiff can recover nominal damages ($1).
• Possession vs. Ownership: The cause of action belongs to the possessor of the land (e.g., a tenant), not necessarily the owner.
• Scope: Trespass can occur on the surface, below the surface, or above the surface (airspace).

​

2. Key Cases

• Case Name: Dougherty v. Stepp
  • Facts: Surveyor entered the plaintiff’s unenclosed/unfenced land by mistake.
  • Holding: Constitutes trespass. Land does not need to be fenced. Mistake is not a defense. No actual damage to the land is required.
• Case Name: Herrin v. Sutherland
  • Facts: Defendant shot at ducks flying over the plaintiff’s land.
  • Holding: Trespass to land established. Physical invasion can occur in the airspace above the land.

​

3. Hypotheticals & Examples

• Landlord Entry: If a landlord enters a tenant’s apartment without permission (and without lease authority), it is Trespass to Land because the tenant has exclusive possession.
• Accidental Fall: If a person trips and falls onto another’s land, it is not trespass. They did not have the intent to do the underlying volitional act of stepping onto the land.
• Transferred Intent: If a hunter shoots over land (Trespass to Land) and accidentally hits a person, the intent transfers, and they are liable for Battery.

​

Procedural Notes

• Demurrer: A legal motion filed by a defendant arguing that, even if all facts in the complaint are true, they are insufficient to state a cause of action (e.g., failing to allege “severe” distress in an IIED claim).
• Nominal Damages: A token award (e.g., $1) used to vindicate a legal right (e.g., proving ownership/boundary in trespass) when no actual damage occurred.
• Terminology: Do not use criminal law terms like “victim” in civil torts cases; use “plaintiff”.