Intentional Torts Flashcards
Elements of battery
Actor acts intending to cause harmful or offensive contact with the person of another (or intending to cause reasonable apprehension of imminent h/off contact) and such contact occurs. Intent defined as purpose to cause A or knowledge to a substantial certainty that A will occur. Contact can be direct or indirect. Offensive contact defined as injurious to a reasonable person’s sense of dignity.
McElhaney v. Thomas (truck bump case)
Establish liability by intent to contact offensively, not just harmfully. Even if he only intended it jokingly, he still committed a battery because he intended to offend her by violating her personal space/pranking her.
Garratt v. Dailey
Legally, Dailey’s youth did not matter in determining liability for battery. He had enough knowledge to be substantially certain Garratt would fall and be hurt.
Cohen v. Smith (religious battery case)
Does contact have to be harmful/offensive to the person contacted or to a reasonable person? When Cohen made her religious beliefs known to the hospital, the latter implicitly agreed to provide her with care according to those beliefs.
Elements of assault
Actor acts intending to cause reasonable apprehension of imminent harmful or offensive contact (or intending to cause h/off contact) and such apprehension occurs. Apprehension is defined as awareness of an imminent touching that would be a battery if completed. Imminence=without significant delay.
Cullison v. Medley (“jump astraddle”)
Assault did occur: intent proven in Medley’s showing up in the night with 6 people and a gun, apprehension occurred.
Elements of false imprisonment
A FI has occurred when an actor intentionally confines a person without lawful privilege using force, threat of force, duress, or false assertion of legal authority, within a limited area, for an appreciable amount of time. The person must be aware of the confinement or harmed by it.
McCann v. Wal-Mart Stores, Inc.
False imprisonment occurred by threat of force and false assertion of legal authority.
Transferred intent
When an actor intends to commit one tort and ends up committing another OR when an actor intends to commit a tort against one person but commits one against another.
Defenses to intentional torts
Consent and self-defense
Consent
A plaintiff may express consent by words or actions that are reasonably understood by another as consent. A plaintiff may express consent through silence or inaction if a reasonable person would understand that the silence or inaction was intended to communicate consent. Consent can be implied be relational norms, has a scope, and can be withdrawn expressly or impliedly.
Self-defense
Self-defense can be invoked when the defendant perceives actual or reasonably apparent threat to their safety. The force employed must be reasonable to defend yourself and not excessive in degree or nature.
Intentional Infliction of Emotional Distress elements
- Extreme and outrageous conduct (conduct must be found to be so outrageous and extreme in degree as to go beyond all possible bounds of decency, and to be regarded as utterly intolerable in civilized society)
- Intent to cause, or disregard for substantial probability of causing, severe emotional distress
- Causal connection between D’s conduct and P’s injury
- Severe emotional distress occurs (palpable or physical manifestations, such as harm requiring psychological or psychiatric treatment, loss of sleep, physical pain, or symptoms over long period of time)
Indicators of extreme conduct (IIED)
-At odds with social norms
-Utterly inconsistent with someone’s role
-Exploitative of someone’s vulnerability
-Coercive
Indicators of outrageous conduct (IIED)
-Repeated or carried out over a long period of time
-Abuse of power by someone with control over the P
-Directed at a person known to be especially vulnerable
