Intentional Torts

Question 1

What are the elements of Battery?

Prima Facie Case also for an Essay

Answer 1

1. An act by D, which brings about harmful or offensive contact to P’s person;
2. Intent on the part of D to bring about harmful or offensive contact to P’s person; and
3. Causation.

Sub-Definitions:
* Intent- Intent is satisfied when D acts with the desire to produce the legally forbidden consequence.
* In essence… “Purpose in acting is to bring about these consequences, or if D knows with substantial certainty that these consequences will result.”
* Harmful- painful contact
* Offensive Contact- Objectionable contact to a reasonable person
* P’s person- Inclusive of something intimately connected to P. (like a held bag, plate, or sitting on a horse).
* Causation- D’s conduct is a substantial factor in bringing about the injury.

Key Notes:
* Transferred intent applies
* P proving damages is NOT required.

Question 2

IIED

Answer 2

Prima Facie Case:
1. An act by defendant amounting to extreme and outrageous conduct;
2. Intent on the part of the defendant to cause the plaintiff to suffer severe emotional distress, or a reckless disregard that the conduct would cause emotional distress;
3. Causation; and
4. Damages-severe emotional distress

Usually go with the answer that establishes reckless disregard because it shows that the defendant knew of plaintiff’s peculiar susceptibility to such an accusation

Question 3

False Imprisonment

Answer 3

1. An act or omission that confines or restrains P to a bounded area
2. Intent
3. Causation

Restraint must be reasonable. Use of force intended or likely to cause serious bodily harm may not be used.