Intentional Torts Flashcards
What are the three elements needed to prove an intentional tort?
The plaintiff must prove:
- An act
- Intent and;
- Causation
What does it mean to act with intent?
- He acts with the purpose of causing the consequence of his act; or
- He act knowing that the consequence is substantially certain to result.
How can children and the mentally incompetent be held liable for intentional torts?
If they either act with a purpose or know consequences of their acts with a substantial certainty.
What is transferred intent?
When a person intends to commit an intentional tort against one person but instead commits either:
- A different intentional tort against that person;
- The intended tort against a different person; or
- A different intentional tort against a different person.
What is a battery?
- Defendant causes a harmful or offensive contact with the person of another; and
- Acts with the intent to cause the contact or the apprehension of the contact.
How does consent affect battery?
There is no battery if there is express or implied consent.
When is the harmful element of a battery satisfied?
If it causes an injury, pain, or illness
When is the offensive element of a battery satisfied?
A person of ordinary sensibilities would find the contact offensive
- if the victim is hypersensitive, the defendant may still be liable if the defendant is aware but acts nonetheless.
- plaintiff need not be aware of the contact when it occurs in order to recover.
What is the plaintiffs person in a battery cause of action?
Anything connected to the plaintiffs person
• pulling a chair out from under someone; knocking a hat off a person’s head
How is the causation element satisfied in a battery cause of action?
A defendant who sets in motion a chain of events that causes contact with the plaintiff, whether the contact is direct or indirect, is liable.
What is needed to prove damages in a battery cause of action?
No proof of actual harm is required; the plaintiff can recover nominal damages.
What is the eggshell- plaintiff rule?
A defendant is liable for all harm that flows from the battery, even if it is much worse than the defendant expected it to be.
What is an Assault?
The plaintiff reasonable apprehension of harmful or offensive bodily contact.
Is bodily contact required for an assault?
No
What does reasonable apprehension mean?
- Must be reasonable
2. The plaintiff must be aware of the defendants action.
How is the imminent element satisfied for assault?
- Must be without significant delay
2. Threats a future harm or hypothetical harm are not sufficient
Can words along constitute an assault?
No
What is the intent requirement for an assault?
The defendant must intend to cause either:
- an apprehension of immediate harmful or offensive contact; or
- The contact itself.
What is needed to prove damages in a assault cause of action?
No proof of actual damages is required; the plaintiff can recover nominal damages
What is intentional infliction of emotional distress?
Extreme or outrageous conduct intentionally causing severe emotional distress.
What is the intent requirement for intentional infliction of emotional distress?
The defendant must attend to cause severe emotional distress or at least act with recklessness as for the risk of causing severe emotional distress.
How is the extreme or outrageous conduct element satisfied?
If it exceeds the possible limits of human decency, so as to be entirely in tolerable in a civilized society.
- defendant is in a position of authority or influence over the plaintiff
- The plaintiff is a member of a group that has a known heightened sensitivity
Can a defendant be liable to a third-party victim?
Yes if:
- A member of the victims immediate family who is present at the time of the defendants conduct, whether or not such distress results in a bodily injury; or
- Any other bystanders who is present at the time of the conduct, if the distress result in bodily injury.
What is the causation element for intentional infliction of emotional distress?
The defendant’s actions were were at least a substantial factor in bringing about the plaintiff’s harm.
What is needed to prove damages in a IIED cause of action?
Must prove severe emotional distress beyond what a reasonable person could endure.
• hypersensitivity - if the plaintiff’s experiences an unreasonable level of emotional distress, then the defendant is only liable if aware of the plaintiff’s hypersensitivity.
What is false imprisonment?
- Defendant intends to confine or restrain another within fix boundaries;
- The actions directly or indirectly results in confinement; and
- Plaintiff is conscious of the confinement or harm by it.
What does it mean to be confined within boundaries?
The plaintiff must be confined within a bounded area it which the plaintiff’s freedom of movement in all directions is limited.
- The bounded areas may be large and need not be stationary.
- an area is not about it if there is a reasonable means of safe escape.
What are the three methods of confinement?
1. Use of: •physical barriers, •physical force, •threats, •invalid use of legal authority, •duress, •or refusing to provide a save means of escape.
- Shopkeeper’s privilege
- When the defendant has refused to perform a duty to help a person escape.
What about a time does a person need to be confined to satisfy false imprisonment?
Any amount of time
What is the intent needed to satisfy False imprisonment?
Defendant must act:
- with the purpose of confining the plaintiff; or
- knowing that the plaintiff’s confinement is substantially certain to result.
What is needed to prove damages in a false imprisonment cause of action?
Actual damages are not required; plaintiff can recover nominal damages
What intentional torts applies to transfer intent?
- Battery
- Assault
- False imprisonment
