Intentional Torts Flashcards
Battery
Harmful or offensive contact with the P’s person intentionally caused by the D
Assault
D intentionally places P in reasonable apprehension of an immediate battery
“Apprehension” meaning in Assault
knowledge; The Plaintiff feeling fear is not required for Assault
Can words alone be an assault?
No, words alone are insufficient to meet the immediacy requirement for an assault
Conditional Words
May negate conduct that would otherwise be considered an assault.
Example:
D walks up to friend with hand raised to strike saying “if you weren’t my best friend, I would slap you silly.”
Future Tense Words
May negate conduct that would otherwise be considered an assault.
Example:
D walks up to guy with hand raised saying “just you wait until tomorrow.”
False Imprisonment
An intentional act or omission by the D that causes the P to be confined or restrained to a bounded area.
(1) D commits an act of physical restraint; AND
(2) P is confined in a bounded area
Bounded Area Requirement of False Imprisonment
An area is NOT bounded if there is a reasonable means of escape that the P can reasonably discover
Threats as Physical Restraints (False Imprisonment)
Threats are sufficient for physical restraint if a reasonable person would find find it intimidating enough to stay put
Victim’s Knowledge of the Physical Restraint
If the Victim is unaware of being bounded or there is no harm done, then there is NO False Imprisonment claim
Intentional Infliction of Emotional Distress
Intentional extreme and outrageous conduct by the D that causes the P to suffer severe emotional distress
Intentional Infliction of Emotional Distress
Mens Rea
Only intentional tort where the D can be found liable through a showing of reckless disregard
Outrageous Conduct
IIED
Conduct that exceeds all bounds of decency tolerated in a civilized society
Outrageous Conduct
(IIED)
Plus Factors for Mere Insults
- Continuous/Repetitive Conduct
- D is Common Carrier or Innkeeper
- P member of Fragile Class (kids, elderly, Pregnant Women)
Trespass to Land
D intentionally commits a physical act of invasion of the P’s land.
