• Historically important with respect to property
• Nominal damages may still be available, but are rarely worth pursuing
• May have some value in defamation
Intentional torts: Essential elements
• Volition: was the act directed by the defendant’s conscious mind?
o Smith v. Stone
o Intent: did the defendant intend to bring about the consequences that
comprise the tort in question?
o Gilbert v. Stone
• Intentionally causing harmful or offensive contact with another person
• Protects physical integrity
• Harmful contact: punching, slapping, kicking, striking with implements, etc.
• Offensive contact: spitting, kissing, poking, cutting hair, etc.
• Also includes nonconsensual medical treatment, sexual contact
• Plaintiff has burden of showing harmful or offensive contact
• Burden then shifts to defendant to prove that contact was consensual
• Consent may be implied in some circumstances
o e.g. H