Intentional Torts: Assault, Battery, IIED, False Imprisonment, Defenses Flashcards
An intentional tort has three elements:
- Act
- Intent: purpose, substantially certain
- Causation
True or false: Children and mentally incompetent persons cannot be held liable for intentional torts if they act with the requisite intent
False. They can be held liable if they act with the requisite intent
Explain the doctrine of transferred intent
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
Define battery
- D causes a harmful/offensive contact with the person of another
- Acts with intent to cause the contact or apprehension of the contact
Must result in actual contact
True or false: a battery victim must be conscious of touching to be offensive contact
False.
Ex: An operating room attendant inappropriate touches a patient under anesthesia
Can a hyper sensitive victim claim offensive contact (battery)?
Yes, if the defendant knows that the victim is hypersensitive. Even though the standard for offensive is a person of ordinary sensitbilities
Must contact be direct to be offensive for a claim of battery?
No. Must be with the person of another - anything connected to the plaintiff’s person.
Intent required for battery is ______ not ______?
Contact, not the offense
True or false: the doctrine of transferred intent applies to battery
True
What damages can a plaintiff recover for battery and assault?
- nominal (no harm)
- regular damages (harm flowing from battery - eggshell)
- punitive (D acted outrageous, with malice)
Can battery occur if the parties had implied or express consent?
NO
Define assault
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
Is bodily harm required for assault?
No, but the plaintiff must be aware of the defendant’s actions.
Are threats of future harm or hypothetical harm sufficient for assault?
No. Must be without significant delay.
Can words ever suffice for assault?
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.
Define IIED
D intentionally or recklessly engages in extreme and outrageous conduct that causes the P severe emotional distress
when can public figures/officials recover for IIED?
Words contained a false statement made with actual malice
Can private parties recover under IIED if the issue is speech on a matter of public concern?
Maybe not.
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
True. Regardless if that family member suffers bodily injury as a result of the distress.
True or false: A bystander can recover for IIED without bodily injury.
False. Must be present, perceive the conduct, and suffer distress that results in bodily injury (physical manifestation of distress)
What is the difference between IIED and NIED?
?
Define false imprisonment
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
True or false: A court may find false imprisonment when D has refused to perform a duty to help a person escape
True
Explain the shopkeeper’s privilege for confinement
Can confine a suspected shoplifter for a reasonable time and reasonable manner
what are the two requisite intents for confinement?
- Purpose or
- Knowing/substantially certain
True or false: consent by mistake is not a valid defense
False, consent by mistake is a valid defense unless D caused the mistake or knew of it and took advantage
True or false: consent is a valid defense if there is mutual consent to combat
True, this amounts to implied consent
When is consent by fraud a valid defense?
Only goes to collateral matters (non important). Invalid if it goes to an essential matter.
How does capacity play into consent?
Lack of capacity may undermine validity of consent
A person acting in self-defense is not liable for injury to bystanders as long as…?
- injury was an accident
- actor was not negligent towards bystander
True or False: reasonable force may be used to reclaim personal property that has been wrongfully taken
True, IF you first request return of the property (unless it would be futile)
When is a private citizen permitted to use reasonable force to make an arrest for felony?
- Felony has been committed
- Arresting party has reasonable grounds to suspect that the person being arrested has committed the felony
