Intentional Torts: Overview, Battery, and Assault

Question 1

Two basic principles that apply to every intentional tort (other than intent and causation)? One deals with P and the other with D.

Answer 1

In deciding whether P has satisfied an element of a claim, you should ignore any extreme sensitivy of the P.

There are no incapacity defenses in intentional torts.

Question 2

In deciding whether P has satisfied an element of a claim, you should ignore

Answer 2

any extreme sensitivy of the P.

Question 3

What incapacity defenses exist for intentional torts?

Answer 3

None.

Question 4

Elements of battery (4)

Answer 4

Defendant must commit a harmful or offensive contact

Contact must be with the plaintiff’s person

There must be intent

There must be causation

Question 5

In the battery context, an “offensive contact,” which word do we swap in for offense?

Answer 5

Unpermitted

Question 6

An offensive contact is one that is unpermitted by whom?

Answer 6

A person of ordinary sensibilities.

Question 7

The standard for offensive contact is a/an ______ standard.

Answer 7

Objective

Question 8

Hypersensitivy only factors into an “offensive contact” when the plaintiff has done what?

Answer 8

Made his/her hypersensitivities known.

Question 9

For a battery, the contact needs to be with the plaintiff’s person. What does the plaintiff’s person include?

Answer 9

His or her body, as well as anything attached to his/her body or anything he/she is holding.

Question 10

If someone messes around with a prosthetic leg or a pair of dentures when not in use, can that be an offensive touch?

Answer 10

No.

Question 11

Assault elements? (4)

Answer 11

D must place P in reasonable apprehension

Apprehension must be of an immediate battery (harmful or offensive contact).

There must be intent

There must be causation

Question 12

In the assault context, what does apprehension mean?

Answer 12

Knowledge

Question 13

How does “apprehension” in the assault context different from real life?

Answer 13

Apprehension is assault context means knowledge.

Apprehension in real life means fear/nervousness.

Question 14

In some fact patterns, D will act in a threatening way, but the facts reveal that it is a bluff (e.g., threatening P with an empty gun). Using this example, does this count as an assault? Explain.

Answer 14

Yes, as long as P thinks that the gun is loaded.

Focus on knowledge, because the elements of assault requires a reasonable “apprehension” of an immediate battery. Since most guns are loaded, it is safe to assume that P believed the gun was loaded.

Question 15

Two rules for immediacy?

Answer 15

Words alone lack immediacy

Overt conduct is needed

Question 16

Cans words satisfy the immediacy requirement of assault?

Answer 16

No.

Question 17

You walk up to D with your hands in your pockets and tell D that, “in 10 seconds, I am going to punch you in the face.” Has an assault be committed at this point? Explain.

Answer 17

No. Assault requires a reasonable “apprehension” of an immediate battery. Here, there is no immediacy BECAUSE words alone lack immediacy

Question 18

True of false: Under assault, words can negate immediacy.

Answer 18

True

Question 19

_______ words can negate immediacy (when accompanying a menacing gesture)

Answer 19

Subjunctive

Question 20

Words ___ ___ ______ ______ can negate immediacy when accompanying a menacing gesture

Answer 20

In the future tense.

Question 21

If you have menacing gesture coupled with words, give those words what effect?

Answer 21

Ordinary and normal effect.

Question 22

Elements of False Imprisonment? (3)

Answer 22

D must commit an act of restraint.

P must be confined in a bounded area.

P must know of the confinement or be harmed by the confinement

Question 23

In the FI context, will a threat suffice as an act of restraint?

Answer 23

Yes, as long as it would operate on the mind of a reasonable person.

Question 24

In the FI context, an omission can be an act of restraint, provided . . .

Answer 24

Provided that there was a preexisting duty between P and D.

Question 25

Paula needs to fly from LA to NY. She has a physical disability which requires a wheelchair to get from A to B. An airport employee wheels her around and takes her to her seat on the plane.

Paula gets to NY, but no one takes Paula off the plane. She cannot get off. The airplane door is not locked, but she is left on and ignored. False imprisonment?

Answer 25

Yes.

Question 26

In the FI context, a “bounded area” is defined by

Answer 26

The threat

Question 27

An area can be bounded if does not have specific boundaries. True or false?

Answer 27

True

Question 28

An area is not considered bounded IF . . .

Answer 28

There is a REASONABLE means of escape that the plaintiff can reasonably discover.

Question 29

Can a reasonable means of escape from a bounded area be offensive to ones sensibilities? For example, disgusting, dangerous, etc.

Answer 29

No.

Question 30

Can a reasonable means of an escape from a bounded area be concealed in order to qualify?

Answer 30

No

Question 31

All intentional torts require which two elements?

Answer 31

Intent (specific or general) and Causation (substantial factor)

Question 32

Causation is satisfied if D’s conduct was a ____ _____ in bringing about the injury.

Answer 32

Substantial factor.