Emotional and Dignitary Harms Flashcards
de S Case
Man hit door with axe. Woman comes out to tell him to stop and he swings the axe in her face.
Rule: A plaintiff may recover damages for an act which causes her to fear of an actual harm or threat of a harm—Imminent Harm—even though she suffers no physical injury
π must feel Imminent Apprehension
Tuberville v. Savage-
Court determined no imminent harm because judges were present when D said if the judges weren’t here, I’d take my sword out
Rule: A threatening gesture will not constitute an emotional assault when there are accompanying words that clearly negate the gesture’s threat.
False Imprisonment
-A a person commits false imprisonment when he commits an act of restraint on another person which confines that person in a bounded area.
Wilkinson v. Downton
Downton (defendant), as a practical joke, told Wilkinson (plaintiff) that her husband had been terribly injured in a car accident and that she should go to him at once. All this was false. Wilkinson reacted to the news by vomiting and suffering a violent shock to her nervous system. She also suffered more permanent physical consequences requiring weeks of suffering, incapacity, and medical attention.
Rule: An action for intentional infliction of emotional distress may exist when conduct is outrageous or extreme, is performed by a person intending to cause actual or constructive harm to the victim, and actually results in such physical or mental harm.
Downton is liable for damages to Wilkinson for intentional infliction of emotional distress. An action for intentional infliction of emotional distress may exist when conduct is outrageous or extreme, is performed by a person intending to cause actual or constructive harm to the victim, and actually results in such physical or mental harm.
Coblyn v. Kennedy’s
Old man gets stopped in a shopping store and kept
False imprisonment does not occur when a person is detained within the immediate vicinity of a merchant’s premises if he is detained in a reasonable manner for not more than a reasonable length of time, and if there are reasonable grounds, as measured by an objective standard, to believe the person detained was committing or attempting to commit larceny of goods for sale on the premises.
Bird v. Jones
A portion of a state highway was closed down by Jones (defendant) for spectators to sit during a boat race. Bird (plaintiff) desired to enter this portion of the highway and was prevented by police officers at the direction of Jones. Bird was not physically restrained in any way, and was free to move in any other direction besides along the highway. Bird brought suit against Jones on the ground that he suffered false imprisonment.
Rule: False imprisonment is the intentional restraint of a person in a bounded area without justification or consent.
Jones is not liable for the false imprisonment of Bird, as Bird was merely restricted in his movement in a particular direction. False imprisonment is the intentional restraint of a person in a bounded area without justification or consent.
O’Shea
Cook on boat who fell.
Rule: Calculations of awards for damages for lost future wages must take into account projected inflation and be discounted to present value.
Held: The award of damages for lost future wages to O’Shea and the method in which they were calculated was not clearly erroneous. Calculations of awards for damages for lost future wages must take into account projected inflation and be discounted to present value.
Elements of IIED
(1) the defendant must act intentionally or recklessly; (2) the defendant’s conduct must be extreme and outrageous; and (3) the conduct must be the cause (4) of severe emotional distress.
Elements of False Imprisonment
- intent,
- actual confinement in boundaries not of the plaintiff’s choosing,
- a causal link, and.
- awareness of the confinement.
