Intentional Torts Involving Personal Injury

Question 1

What is false imprisionment?

Answer 1

• Intending to confine or restrain the plaintiff within boundaries fixed by defendant;
• Those actions directly or indirectly result in such confinement; and
• Plaintiff is conscious or harmed.

Note: Are not confined if reasonable means of escape.
Note: Shopkeepers Privilege: reasonable as to time, duration, and manner.

Question 2

What is IIED?

Answer 2

Intentional Infliction of Emotional Distress

Intentionally or recklessly acting with extreme and outrageous conduct that causes severe emotional distress.

• Transferred intent does not apply if different tort against different victim.
• Extreme/outrageous - exceeds possible limits of human decency.
• Abusive langue is not enough; unless: (1) defendant is in a position of authority or influence; or (2) plaintiff is a member of a group with heightened sensitivity.

Public Figures
- Must have actual malice. Private plaintiffs cannot recover is speaking on a matter of public concern.

3rd Parties: Liable if causes IIED to

• Immediate family who contemporaneously perceive conduct; and
• any bystander who contemporaneously perceives conduct and has a bodily injury (unless design or purpose was to cause severe distress, then does not need to be contemporaneous.

Hypersensitive; liable if he knew.

Question 3

What is assault?

Answer 3

Reasonable apprehension of an imminent harmful or offensive contact caused by defendant’s action or threat with the intent to cause either the apprehension or contact itself.

Defendant must be aware of act.

Must be imminent

Mere words alone are not enough

No proof of actual damages needed.

Question 4

What is a battery?

Answer 4

A harmful or offensive contact.

Acts with the intent to cause such contact or the apprehension of such contact.

Note: must be offensive to a person of ordinary sensibilities.

Note: Hypersensitivity: if defendant is aware, still liable.

Note: Anything connected to plaintiff’s person counts.

Single vs. Dual Intent

• Single: Intent to contact
• Dual: Intent to contact + intend to be harmful

Note: No proof of actual harm needed. Punitive damages allowed for malice.

Note: Thin-Skull Rule applies.

Question 5

What are the three basic elements to intentional tort?

Answer 5

Act
-Voluntary

Intent

• Purpose of causing consequences or substantially certain they occur.
• Children/Mentally incompetent can still be liable.

Causation

Question 6

What is the doctrine of transferred intent?

Answer 6

Intent transfers when a person intends to commit an intentional tort against one person but instead commits;

• A different intentional tort against that person
• The intended tort against a different person; or
• a different tort against a different person.