Prima Facie Case

"At first sight"

To establish a prima facie case for intentional tort liability, it is generally necessary that the plaintiff prove:

Act by defendant; 

Intent; and

Causation

Intent

The requisite intent for this type of tort liability may be either specific or general:

Specific Intent:  An actor "intends" the consequence of his conduct if his goal in acting is to bring about those consequences.

General Intent:  An actor "intends" the consequences of his conduct if he knows with substantial certainty that these consequences will result.

Ex:  A five year old pulls a chair out from under an old woman as she is sitting down.  Even if the child did not desire that she hit the ground, if he knew with substantial certainty that she was trying to sit and would therefore fall, he will have the intent necessary for battery.

Actor Need Not Intend Injury: The intent of the actor that is relevant for the purposes of intentional torts is the intent to bring about consequences that are the basis of the tort.  Thus, a person may be liable even for an unintended injury if he intended to bring about such "basis of the tort".

Example:  A intends to push B and does so.  B falls and breaks his arm.  This conduct gives rise to a cause of action for battery.  A would be liable to B even if he only intended to push him and not to break his arm.

Transferred Intent

General Rule:  the transferred intent doctrine applies where the defendant intents to commit a tort against one person but instead: 1) commits a different tort against that person; 2) commits the same tort as intended but against a different person; 3) commits a different tort against a different person.  In such cases the intent to commit a tort against one person is "transferred" to the other tort or to the injured person for the purposes of establishing a prima facie case.

Example:  A swings at B, intending to frighten him.  A's blow lands on C.  A's intent to commit assault on B is "transferred" to C, and A's act constitutes a batter on C.

Limitations on Use of Transferred Intent:  Transferred intent may be invoked only where the tort intended and the tort that results are both withing the following list:  A) Assault, B) Battery, C) False Imprisonment, D) Trespass to Land, E) Trespass to Chattels

Motive versus Intent

Motive impels a person to act to achieve a result.  Intent is the purpose to use a particular means to achieve that result.  Motive and intent are mutually inclusive, but ONLY INTENT is relevant for the purposes of establishing a prima facie case.  

Causation

The result giving rise ("cause") to liability must have been legally caused by the Δ's act or something set in motion by Δ.  The causation requirement will be satisfied where the conduct of Δ is a substantial factor in bringing about the tort.

Battery

(Form of trespass, related to assault.  Requires contact between Δ and Π)

Prima Facie Case:  to establish a prima facie case for battery, the following elements must be proved: 1) Act to bring about contact; 2) Intent to bring about contact; 3) Causation

Harmful or Offensive Contact: Judged by whether it would be considered harmful or offensive by a reasonable person.  Contact is also deemed offensive if Π has not consented to it (expressly or implied)

Causation: Δ is liable not only for "direct" contact, but also "indirect" contact; sufficient if Δ sets in motion a force that brings about harmful or offensive contact.  Ex: A digs a hole as a trap for B.  B walks over hole, falls in. Causation exists. 

Apprehension Not Necessary:  A person may recover for battery even though he is not conscious of the harmful or offensive act when it occurs. Ex: unauthorized surgery performed on an unconscious patient. 

Transferred Intent: APPLIES in battery cases.

1. Reasonable Person Standard: Jostling someone on a subway ≠ battery.

2. Must involve actual contact, otherwise could be assault.  Contact may be to person, directly, or to object intimately connected (object being held).

3. May be time delay; Ex: Dig pit during day, someone falls in at night = battery.

4. Indirect Battery: Ex: smoke being blown intentionally in a person's face, and smoke is capable of contact (particulates).

DEFENSES:  1) Necessity; first aid, CPR, 2) Consent; sports, 3) Self Defense, 4) Defense of Others

5. Actual damages not required.  Actual damages not necessary to sustain a prima facie case for battery.  Π can recovery at least nominal damages, even though no severe actual damage.  In majority of jurisdictions, punitive damages may be recovered where Δ acted with malice.

Assault

Prima Facie Case: 1) Act by Δ to create reasonable apprehension in Π of immediate harmful or offensive contact; 2) Intent by Δ to bring about apprehension of immediate harmful or offensive contact to Π, and; 3) Causation.

Construction of "Apprehension": the apprehension of contact must be reasonable.  Courts generally won't protect Π against exaggerated fears unless Δ is aware of Π's fears and uses them to put Π in apprehension.

Apprehension is not same as fear or intimidation; used in the sense of expectation.

Unlike battery, Π MUST be aware of act.  However, the specific identity of Δ is not required at the time of the act, only the need to apprehend the immediate harm or offense. 

Even if Δ is not actually capable of causing injury to Π, just the appearance of ability to Π is sufficient.  Ex: A points a gun at B.  The gun is not loaded, but B does not know that the gun is empty.  B's apprehension of immediate harm or offense is reasonable. 

Words alone are not sufficient; overt act is required.  Words may also negate assault.  Ex: A shakes fist at B, says "If I weren't such a good guy, I'd punch you!"  These words offer no reasonable apprehension of immediate harm.

Conditional threat is sufficient.  Ex: A points gun at B and says, "Your money or your life!"  A is liable for assault.