Intentional Harm Flashcards
Intentional Torts (Broad)
Under the Third Restatement, a person acts intentionally if they do so with the purpose of producing the consequence or knowing that the consequence is substantially certain to result. A person acts recklessly if they know of the risk created by the conduct, and the burden is so slight relative to the magnitude of the risk that failure to adopt the precaution demonstrates the person’s indifference to the risk. Comparative negligence or recklessness are typically NOT defenses to intentional torts.
Assault & Battery
Assault is a physical act of a threatening nature which puts an individual in reasonable fear of imminent bodily harm. Battery is an act that was intended to cause, and did cause, harmful or offensive contact upon the body of another. Contact is offensive if it would offend an ordinary person’s personal dignity. Contact with an object held by or connected with another person is sufficient to constitute a battery with the sufficient intent and offensiveness.
False Imprisonment
False imprisonment is compelling a person to remain where she does not wish to remain, or compelling a person to go where she does not wish to go, by force or threat of force.
Intentional Infliction of Emotional Distress
A defendant whose extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another is subject to liability. A defendant causes an intentional infliction of emotional distress if (1) their conduct was intentional or reckless, (2) the conduct was outrageous and intolerable such that it offends generally accepted standards of decency and morality, (3) there is a causal connection between the conduct and the emotional distress, and (4) the resulting emotional distress was severe. (sexual harassment, defamation/libel, etc.)
Consent
Ordinarily, consent is a defense to an intentional tort. However, courts differ on whether consent is a defense to battery in cases involving an illegal prize fight, or “mutual combat in anger”.
Self-Defense
A person has defense to battery if the person subjectively and reasonably believed that his/her life was in danger or that he/she was in danger of severe bodily harm, and the person responded with force that was reasonable under the circumstances.
Protection of Property
A property owner may use reasonable force in protection of property, but a property owner may NOT use deadly force (force that is likely to take human life or inflict severe bodily injury) to protect property (except when permitted in self-defense).
Personal Use
If a person is threatened with loss of life or severe bodily harm, the person intentionally may use property belonging to another if the person subjectively and reasonably believed that it was necessary to prevent the harm.
