intentional torts Flashcards
civil battery
intent to cause contact
actual contact
bodily harm or offensive touching
assault
voluntary act
intends to cause P imminent harmful and offensive contact
P anticipated such contact
IIED
intent or recklessness
extreme or outrageous conduct
severe emotional harm caused to TP
standard to prove IIED in VA?
clear and convincing EV
VA false imprisonment
illegal restraint on P freedom
damages for false imprisonment
nominal, punitive
defenses to intentional torts
consent
self defense
defense to TPs
reasonable defense of property
can a parent spank a child?
yes
reasonable force OK considering age and gravity of behavior
can a teacher touch a kid?
reasonable force OK to maintain safety or order
can a private actor citizens arrest for a felony?
yes
crime actually committed + reasonable to suspect D did it
can a private actor citizens arrest for a misdemeanor
committed in presence and if breach of the peace
potential defenses
failure to mitigate
