Intentional Torts Involving Personal Injury Flashcards
What are the elements of an intentional Tort?
- Vol. Act by Defendant
- Intent
- Specific OR
- General
- Causation
- Damages
What is a voluntary act?
An action that is conscious or willed
What establishes Specific intent for intentional torts?
D acts with the specific purpose (goal) of bringing about a particular result
What establishes general intent for Intentional Torts?
D acts with knowledge to a substantial cert. that these consequences will result
What is transferred Intent?
Intent to commit a specific tort against a specific pers. is transfered to the tort actually committed or to the person actual harmed
What Intentional Torts is Transferred intent applicable to?
- Battery
- Assault
- False Imprisonment
- Trespass to Chattels
- Trespass to Land
What satisfies the causation element in intentional torts?
D’s act must be a substantial factor in bringing about plaintiff’s injury
What is the impact of proximate cause on intentional torts?
Proximate cause doesn’t factor in because of the extended consequences rule
What is the extended consequences rule?
D is resp. for all consequences flowing from an int. tort
- Whether foreseeable or not
Are children liable for their intentional torts ?
Yes, when they have the intent required for the tort
Are parents liable for thier childrens intentional torts?
No, parents aren’t directly liable
- unless directed by statute
What is a battery?
Int. infliction of harmful or offensive bodily contact
Battery Elements
- Intentional Infliction
- Bodily Contact
- Harmful or offensive contact
- to plaintiff’s person
- Causation
Actual Damages NOT required - can recover nominal damages & punitive (if acted with malice)
Battery - Intentional Infliction - Specific Intent
Specific purpose of inflicting a harmful or offensive contact
Battery - Intentional Infliction - General Intent
Knowledge to a subt. cert. that contact will be harmful or offensive
Battery - Contact to the person of another
Contact can be direct or indirect
- Indirect - battery caused by something that was put in motion by the D
Battery- Offensive Contact
Reas. Prudent Person Std.
- Would it offend a reasonable person?
- Would a reas. pers. consent to the contact?
- Implied consent for ord. contacts of everyday life that wouldn’t offend a reas. pers.
Battery - Harmful Contact
The contact inflicts any physical discomfort to P
Battery - Person of another
Includes anything the victim is holding, touching, connected to
What is Assault?
Intentional creation of reasonable apprehension of harmful or offensive bodily contact
Assault Elements
- Intentional Act by Defendant
- Reasonable Apprehension of Imminent Battery AND
- Causation
Actual damages are not required - P can recover nominal damages & punitive (if D acted with malice)
Assault - Specific Intent
- Intent to create apprehension (intent to commit the assault)
- Intent to Make Harmful or Offensive contact (Intent to commit Battery)
Assault - Reasonable Apprehension of Imm. Battery
Measured by Victims Perspective
- Apprehension - Knowledge of imminent harmful or offensive contact
- NOT fear
Assault - Words Alone
Not enough for an assault b/c words lack immediacy
- Must be an overt act by the Defendant
Assault - Future Threats
No imminence so no assault
Assault - Conditional Threats
Where D threatens harm only if vic. doesnt obey D’s demands
- Sufficient for assault liability unlesss:
- D has a legal right to compel the vic. to perf. the action OR
- Cond. expressly negates the D’s intent to harm the vic.
- “if you werent a girl I would snap your neck”
What is False Imprisonment ?
Intentional Infliction of a confinement where the vic. has knowledge of or is harmed by the confinement
False Imprisonment Elements
- Intentional Act or Omission
- That confines or restrains P to bounded area
- P has knowledge or is harmed by confinement AND
- Causation
Actual Damages not required - P can recover nominal or punitive (if acted w/ malice)
False Imprisonment - Intent
- Specific Intent to confine the victim OR
- With knowledge to substantial cert. that her actions or inaction will confine the vic
False Imprisonment - Confined to bounded area
Vic is held within certain limits
- Bounded Area - P movement confined in all directions & no reas. means of escape known to the vic or that the vic. can reas. discover
- No time limit - no specific duration of confinement req
- Any amount of tiem is OK
False Imprisonment - When is there never a reasonable means of escape ?
If there is any risk of harm to the P, including risk of embarassment
Means Sufficient for False Imprisonment
- FI can be carried out by:
- phys. force,
- phys. barrier,
- credible or reas. threat of force,
- failure to release where there is an affirm. duty to release or
- invalid assertion of legal Authority.
- Future Threats or Moral Pressure - Not sufficient acts of restraint
False Imprisonment - What is the validity of False Imprisonment claim if the P was not aware that the P was being confined?
If the Plantiff is unaware, P can only get damages if they are harmed by the confinement
False Imprisonment - What is the validity of claim if the P is aware that the P is being confined?
P can get damages regardless of it a harm is suffered
What is Intentional Infliction of Emotional Distress ?
Intentional or reckless infliction of severe emotional or mental distress by extreme and outrageous conduct
IIED - Elements
- Intentional or Reckless Infliction
- Severe Emotional or Mental Distress
- By extreme or Outrageous Conduct
- Actual Damages AND
- Causation
IIED - Intent
- Specific Intent - ▵ acts w/ the specific desire to cause emot. distress in the vic. OR
- Gen. Intent - ▵ knows that severe emot. distress is subst. certain to result from his actions OR
- D acted in a conscious disregard of high degree of likelihood that emotional distress will be inflicted
IIED - Severe Emotion or Mental Distess
Vic must actually suffer severe mental or emot. distress
- Severe - Emot. dist. of such subst. quantity or enduring quality that no reas. pers. in a civilized society should be expected to endure it
IIED - Extreme & Outrageous Conduct
Conduct that goes beyond all possible bounds of decency so as to be regarded as atrocious & utterly intolerable in a civilized community
- Would cause an avg. member of the community to immed. react in outrage
IIED - When does insulting language qualify for IIED extreme & Outragous Conduct
- D is an innkeeper or common carrier
- D knows of P’s particular susceptibility or
- D is in position of auth. & uses racial or ethnic insults against someone who is an underling
IIED - Harm to Third Parties
∏ can recover for int. inflic. of emot. dist. for harm caused by ▵ to 3d P by either:
- Bystander who is present at the time of the conduct
- Defendant is aware of their presences AND
- The distress results in bodily injury
- Immed. Family Member & Present When Injury Occurred
What are the 3 remedies available for intentional torts?
- Legal remedies: damages
- Equitable remedies: Injunction
- Restitution: Prevent unjust enrichment
How does mental incompetency impact an intent requirement?
The fact that D is mentally incompetent or is a minor
- Doesn’t preclude a finding that he possessed the intent to commit an intentional tort
- BUT it may affect whether such intent actually existed
Battery - Consent
No battery if Plaintiff consented to the act
- Either express or by participating in an event or situation
Battery - Causation
Act must in fact result in contact of a harmful or offensive nature
- D who sets in motion a chain of events that causes contact with P (direct or indirect) is liable
Battery - Damages
No proof of actual harm required
- Thin skill Rule - D is not required to foresee the extent of the damages in order to be held liable
IIED - What is the effect if the Plaintiff is hypersensitive?
No liability unless D knew of the plaintiff’s heightened sensitivity
IIED - Extreme & Outragous Conduct
What factors are considered?
Factors Considered - Conduct not norm. considered ext. & out. may become so if:
- Pattern of Conduct - continuous & repetitive conduct not just an isolated incident
- ▵ Owed Vic. Fiduciary Duty (employer/ee)(Doctor-patient)
- Use of Racial Epithets
- Conduct directed at Vulnerable Victims (kids, elderly, pregnant women, supersensitive vic. if sensitivity known to ▵)
What is the merger doctrine in intentional torts ?
There is no merger doctrine
- D can be sued for each COA in which the elements are met
IIED - Extreme & Outragous Conduct
What is NOT considered Extreme & Outragous
Not Extreme & Outrageous Conduct - Mere insults, indignities, threats, annoyances, petty oppressions
