Intentional Torts: Battery to IIED Flashcards
1
Q
What are the seven intentional torts?
A
- Battery
- Assault
- False imprisonment
- Intentional infliction of emotional distress
- Trespass on land
- Trespass to chattel
- Conversion
2
Q
What are the elements of an intentional tort?
A
- Voluntary act
- Intent
- Causation
- Harm
3
Q
What constitutes a voluntary act?
A
- Something conscious or willed, as opposed to purely reflexive.
o EXAMPLE: Tom pushes Derik into Priscilla and Priscilla sues Derik. No liability for an intentional tort because Derik did not engage in any voluntary act.
o EXAMPLE: Dina, during a sudden epileptic seizure, hits Polly. There is no liability because Dina did not intend the contact and there was no voluntary act.
4
Q
How is the intent element satisfied?
A
- D either:
o desires the act to cause harmful result (purpose intent), or
o knows with substantially certainty that such a result will occur (knowledge intent).
5
Q
What is the doctrine of transferred intent?
A
- If D acts with necessary intent to inflict certain intentional torts against P, but causes injury to victim, then D’s intent is transferred to victim.
- Only applies to battery, assault, false imprisonment, trespass to land, and trespass to chattels.
o EXAMPLE: Dillan throws a rock at Xavier, but the rock misses Xavier and hits Pete instead. Pete sues Dillan. Dillan would be liable to Pete because he intended to commit a battery on Xavier and his bad intent will transfer to Pete.
6
Q
What does the causation element require for intentional torts?
A
- D’s act or a force set in motion by D causes P’s injury.
7
Q
What does the harm element require?
A
- Varies based on the kind of tort.
- Ways to establish harm:
o 1) establish elements of the tort;
o 2) prove specific injury.
8
Q
How can the harm of an intentional tort be negated?
A
- Liability for an intentional tort requires that there are no applicable privileges or defenses!
9
Q
What is battery?
A
- D causes harmful or offensive contact with P’s person or something closely connected to P.
10
Q
What are the elements of battery?
A
- Intent
- Harmful or offensive contact
- To person or something attached
11
Q
How is intent shown for battery?
A
- D must either:
o desire to cause an immediate harmful or offensive contact; or
o knows that such contact is substantially certain to occur.
12
Q
What constitutes harmful contact for battery?
A
- Inflict pain or impair any function of the body.
13
Q
What constitutes offensive contact for battery?
A
- Offensive to a reasonable person.
14
Q
Must the plaintiff be aware of the contact to prove battery?
A
- P need not be aware of the contact (unlike assault).
15
Q
Must the contact physically touch the person to prove battery?
A
- The contact may be to the person OR something physically closely connected to the person (like a shirt)
o EXAMPLE: D intentionally kicks P’s cane out from under P causing him to fall to the ground.
16
Q
Does P have to prove an injury to prove battery?
A
- P does not have to prove injury; will get compensatory damages just by showing the elements.
17
Q
What are some privileges and defenses against battery?
A
- Consent
18
Q
What is assault?
A
- D intentionally causes P to be in reasonable apprehension of an imminent harmful or offensive contact.
19
Q
What are the elements of assault?
A
- Intent
- Imminence
- Reasonable apprehension
20
Q
What intent is needed to prove assault?
A
- D must:
o act with the desire to cause an immediate harmful or offensive contact or the apprehension of such contact, or
o know that such a result is substantially certain to result.
21
Q
How is reasonable apprehension proven?
A
- It is an objective standard. A reasonable person in the same position as P would have experienced the same apprehension.
22
Q
To prove assault, is it necessary that the D could actually carry out the threat?
A
- If the apprehension is reasonable, it doesn’t matter whether D could actually carry out the threat. For instance, brandishing an unloaded gun can still be assault.
23
Q
What is the imminence requirement for assault?
A
- Battery must be able to occur almost instantly.
o EXAMPLE: If Dracula says he will come back tomorrow to suck your blood, it is not an assault.
24
Q
What is false imprisonment?
A
- D intentionally causes P to be confined to a bounded area against P’s will and P either knows of the confinement or is injured by it.
25
What are the elements for false imprisonment?
* Intent
* Confinement in bounded area
* Against P’s will
* P’s awareness or injury
26
What intent is required to prove false imprisonment?
* D desires to confine or restrain P in a bounded area, or
* knows that such confinement is virtually certain to result
27
What can the confinement consist of for false imprisonment?
* Confinement can consist of: Physical barriers, threats of force, failing to release P after duty to release arises, or the invalid assertion of legal authority.
28
How long must the confinement be for false imprisonment?
* No duration requirement. A very brief confinement will suffice.
29
What would P need to have in order to negate a claim of false imprisonment?
* If P has actual knowledge of a reasonable means of escape, then there is no confinement and no liability.
30
What constitutes a reasonable means of escape?
* Reasonable means no threat of harm to P or property. The means of escape can't expose P to the risk of embarrassment.
o EXAMPLE: If there is an open window on the first floor and P knows about it, there is no confinement. If there is an open window on the third floor and P would have to jump and risk injury, this is not a reasonable means of escape.
o EXAMPLE: Don takes all of Susan's clothes and leaves her in the middle of the woods. Because Susan does not have a reasonable means of escape, Don has falsely imprisoned her.
31
What is a defense against a claim of false imprisonment?
* Consent is a defense. The false imprisonment must be against P’s will.
o EXAMPLE: Paul is apprehended by an undercover store detective. He is taken to a back room to wait while the detective calls the police. Paul says he will wait for the police and then threatens to sue for false imprisonment but cannot because he has consented to the confinement.
32
Would P be entitled to damages for false imprisonment if P was aware of the confinement?
* If P is aware of confinement: P is entitled to any damages the jury finds appropriate.
33
Would P be entitled to damages for false imprisonment if P was unaware of the confinement?
* If P is unaware of confinement: P can only claim damages if injured by the confinement.
34
What is intentional infliction of emotional distress (IIED)?
* D engages in an intentional or reckless act amounting to extreme and outrageous conduct that causes P severe emotional distress.
35
What are the elements of IIED?
* Intent or recklessness
* Extreme and outrageous conduct
* Severe emotional distress
36
What is the difference between intentional IIED and reckless IIED?
* Intentional: D acts with desire to cause severe emotional distress or knows that such severe emotional distress is virtually certain to occur.
* Recklessness: D acts in conscious disregard of a high degree of probability that emotional distress will follow.
o EXAMPLE: Dora had an ongoing feud with Pamela. Dora calls Pamela, disguises her voice and says "This is General Hospital. Your child has just been rushed to the emergency room." Pamela suffers severe emotional distress. Dora has the intent for IIED because it was her goal to cause emotional distress.
o EXAMPLE: Dora is at the hospital and walks by the check-in desk where she overhears a discussion and thinks that one of the nurses is saying that Pamela's child has been rushed to the emergency room. Dora calls Pamela and conveys this information. This would suffice for IIED because it would be a form of recklessness.
37
What constitutes extreme and outrageous conduct for IIED?
* Conduct exceeds all bounds tolerated by civilized society.
38
Would offensive language be sufficiently outrageous to prove IIED?
If so, when would words be enough to prove IIED?
* Offensive or insulting language generally not enough, except when:
o D is a common carrier/innkeeper;
o D knows of P's particular sensitivity; or
o D is an authority figure using racial/ethnic slurs against a subordinate.
39
What constitutes severe emotional distress for IIED?
* P does not have to prove physical injury, but distress must be severe; meaning greater than a reasonable person (objective test) would be expected to endure
40
How long must the severe emotional distress be to prove IIED?
* Must be substantial/long lasting as opposed to trivial/transitory.
