Intentional Torts: Assault, Battery, IIED, False Imprisonment, Defenses

Question 1

An intentional tort has three elements:

Answer 1

1. Act
2. Intent: purpose, substantially certain
3. Causation

Question 2

True or false: Children and mentally incompetent persons cannot be held liable for intentional torts if they act with the requisite intent

Answer 2

False. They can be held liable if they act with the requisite intent

Question 3

Explain the doctrine of transferred intent

Answer 3

When the intent to commit one tort satisfies the required intent for a different tort

Different tort – same person
Same tort – different person
Different tort – different person

Question 4

Define battery

Answer 4

1. D causes a harmful/offensive contact with the person of another
2. Acts with intent to cause the contact or apprehension of the contact

Must result in actual contact

Question 5

True or false: a battery victim must be conscious of touching to be offensive contact

Answer 5

False.

Ex: An operating room attendant inappropriate touches a patient under anesthesia

Question 6

Can a hyper sensitive victim claim offensive contact (battery)?

Answer 6

Yes, if the defendant knows that the victim is hypersensitive. Even though the standard for offensive is a person of ordinary sensitbilities

Question 7

Must contact be direct to be offensive for a claim of battery?

Answer 7

No. Must be with the person of another - anything connected to the plaintiff’s person.

Question 8

Intent required for battery is ______ not ______?

Answer 8

Contact, not the offense

Question 9

True or false: the doctrine of transferred intent applies to battery

Answer 9

True

Question 10

What damages can a plaintiff recover for battery and assault?

Answer 10

1. nominal (no harm)
2. regular damages (harm flowing from battery - eggshell)
3. punitive (D acted outrageous, with malice)

Question 11

Can battery occur if the parties had implied or express consent?

Answer 11

NO

Question 12

Define assault

Answer 12

Defendant engages in an act that:
1. causes reasonable apprehension of imminent harmful or or offensive bodily contact; and
2. intends to cause apprehension of such contact or cause to such contact

Question 13

Is bodily harm required for assault?

Answer 13

No, but the plaintiff must be aware of the defendant’s actions.

Question 14

Are threats of future harm or hypothetical harm sufficient for assault?

Answer 14

No. Must be without significant delay.

Question 15

Can words ever suffice for assault?

Answer 15

Generally no, BUT if D is able to carry out the threat imminently and takes action to put the victim in a state of apprehension, then there may be assault.

Question 16

Define IIED

Answer 16

D intentionally or recklessly engages in extreme and outrageous conduct that causes the P severe emotional distress

Question 17

when can public figures/officials recover for IIED?

Answer 17

Words contained a false statement made with actual malice

Question 18

Can private parties recover under IIED if the issue is speech on a matter of public concern?

Answer 18

Maybe not.

Question 19

True or false: An immediate family member of the victim who is present at the time of the conduct and perceives the conduct may recover for IIED

Answer 19

True. Regardless if that family member suffers bodily injury as a result of the distress.

Question 20

True or false: A bystander can recover for IIED without bodily injury.

Answer 20

False. Must be present, perceive the conduct, and suffer distress that results in bodily injury (physical manifestation of distress)

Question 21

What is the difference between IIED and NIED?

Answer 21

?

Question 22

Define false imprisonment

Answer 22

D intends to confine or restrain another within fixed boundaries. Actions directly or indirectly resulted in confinement.
Plaintiff is conscious of or harmed by confinement

Question 23

True or false: A court may find false imprisonment when D has refused to perform a duty to help a person escape

Answer 23

True

Question 24

Explain the shopkeeper’s privilege for confinement

Answer 24

Can confine a suspected shoplifter for a reasonable time and reasonable manner

Question 25

what are the two requisite intents for confinement?

Answer 25

1. Purpose or
2. Knowing/substantially certain

Question 26

True or false: consent by mistake is not a valid defense

Answer 26

False, consent by mistake is a valid defense unless D caused the mistake or knew of it and took advantage

Question 27

True or false: consent is a valid defense if there is mutual consent to combat

Answer 27

True, this amounts to implied consent

Question 28

When is consent by fraud a valid defense?

Answer 28

Only goes to collateral matters (non important). Invalid if it goes to an essential matter.

Question 29

How does capacity play into consent?

Answer 29

Lack of capacity may undermine validity of consent

Question 30

A person acting in self-defense is not liable for injury to bystanders as long as…?

Answer 30

1. injury was an accident
2. actor was not negligent towards bystander

Question 31

True or False: reasonable force may be used to reclaim personal property that has been wrongfully taken

Answer 31

True, IF you first request return of the property (unless it would be futile)

Question 32

When is a private citizen permitted to use reasonable force to make an arrest for felony?

Answer 32

1. Felony has been committed
2. Arresting party has reasonable grounds to suspect that the person being arrested has committed the felony