Battery - IIED Flashcards
Battery
In order to establish a prima facie case of Battery, Plaintiff must prove that Defendant committed a volitional act with the intent to cause a harmful or offensive touching.
A volitional act - Is a Conscious willed muscular movement.
Battery/Intent
Must act with purpose to achieve a certain result or have knowledge of substantial certainty that touching will occur.
Intent in the case of Children?
Children and mentally disabled are able to form intent, just as long a they know the consequences of their actions.
Doctrine of Transferred Intent
Person to person/ tort to tort. Try to hit A but instead hit B.
Harmful Touching and Offensive.
Harmful touching is one that causes physical injury, Offensive touching is one that offends a reasonable persons sense of personal dignity.
Dual intent?
In a jurisdiction with dual intent, You also have to show that you intended to commit a harmful or offensive touching rather than just the intent to touch.
Cases?
Snyder v. Turk, surgeon says cant you see what Im working on, and claimed didnt intend contact.
Plaintiff’s extension
Doesn’t have to be the plaintiff himself, but something that is an extension of the person.
Doctrine of Extended Liability
A Defendant who commits an intentional tort is liable for all damages caused, not merely those intended or foreseeable.
Assault
A volitional act w/ the intent to put plaintiff in apprehension of an imminent harmful or offensive touching.
Assault Extra details?
Was the apprehension reasonable? Putting someone in a position where a reasonable person would believe they are in an imminent danger of being injured.
Was the harmful or offensive touching imminent? Means no significant delay.
Has to be Aware.
Apparrent present ability?
Legally Justified alternative? Is there a condition? “Ill do this unless.” cookie hypo.
False Imprisonment
When a person confines another intentionally without lawful privilege and against his/her consent within a limited area for an appreciable amount of time, however short. Plaintiff must also be aware of confinement or else suffer actual damages.
Elements?
Intent to confine(no reasonable means of escape)
Confinement - How? Bound in an area with no reasonable means of escape. (Locked in a car, desert, climate, terrain.) Threat against person or property. False assertion of authority.
Awareness - needs to be aware of actual confinement or else suffer actual damages.
Intentional Infliction of Emotional Distress
IIED occurs when by Outrageous and extreme conduct a person intentionally or recklessly causes severe emotional harm to another.
Elements?
Extreme and Outrageous Conduct -
Factors: Pattern of behavior, abuse, power differential, language, death. Exploiting known vulnerabilities. Courts will protect women and children.
Intent or recklessness - Reck( knowing of a substantial risk and disregarding or failing to take precaution to eliminate or reduce the risk) - Intent to cause severe emotional harm.
Severe emotional distress - P must suffer from emotional distress. Has to pass the severe threshhold.
