A person is liable for the intentional tort of “assault” if (1) he/she acts intending to cause a harmful or offensive contact with the person of another or a third person, or an imminent apprehension of such a contact; and, (2) the other person is thereby put in such imminent apprehension. An act intended to cause […]
Articles Tagged: intentional torts
Whittaker v. Sanford
85 A. 399 (Me. 1912) A seminal case on the intentional tort of false imprisonment. Defendant was a leader of a religious sect to which Plaintiff belonged as a member. After Plaintiff expressed her desire to leave the sect, Defendant offered to Plaintiff and her children passage aboard his yacht and, in response to her expressed […]
Assault
The intentional tort of assault is an act intended to cause apprehension of an imminent harmful or offensive contact, which directly or indirectly causes reasonable apprehension of such contact. Apprehension The interest protected by the tort of assault is freedom from reasonable apprehension of imminent harmful or offensive contact. This aspect of the claim thus […]
Alienation of Affections
Torts. A seldom used tort which provides that a person could be held liable to a husband or a wife if he or she caused that spouse’s partner to lose affection for the spouse. This tort has been abolished in majority of the states in the United States. See, e.g., Helsel v. Noellsch, 107 S.W.3d 231 (Mo. […]
Barton v. Bee Line, Inc.
265 N.Y.S. 284 (1933) One-Sentence Takeaway: The New York Appellate Division reversed a trial court’s jury instruction that held a common carrier strictly liable for a chauffeur’s alleged rape of a 15-year-old passenger under a penal statute criminalizing consensual intercourse with a minor, ruling that such civil liability cannot be imposed absent proof of non-consent […]
Alcorn v. Mitchell
63 Ill. 553 (1872) After a trial for trespass, Defendant spit in Plaintiff’s face. Plaintiff sued Defendant for battery and the trial court rendered a judgment of $1,000 for Plaintiff. Defendant appealed the judgment on the grounds that the judgment was excessive. The issue presented to the court of appeal was whether punitive damages can […]
Alcorn v. Anbro Engineering, Inc.
2 Cal. 3d 493 (1970) One-Sentence Takeaway: While mere insulting language generally is not sufficient to plead outrageous conduct for an intentional infliction of emotional distress cause of action, the aggravated circumstances alleged by plaintiff were sufficient to uphold his complaint as against defendants’ general demurrer. Summary: Plaintiff, an African American, was a black truck […]