Intentional Torts: Overview, Battery, and Assault Flashcards
Two basic principles that apply to every intentional tort (other than intent and causation)? One deals with P and the other with D.
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.
In deciding whether P has satisfied an element of a claim, you should ignore
any extreme sensitivy of the P.
What incapacity defenses exist for intentional torts?
None.
Elements of battery (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
In the battery context, an “offensive contact,” which word do we swap in for offense?
Unpermitted
An offensive contact is one that is unpermitted by whom?
A person of ordinary sensibilities.
The standard for offensive contact is a/an ______ standard.
Objective
Hypersensitivy only factors into an “offensive contact” when the plaintiff has done what?
Made his/her hypersensitivities known.
For a battery, the contact needs to be with the plaintiff’s person. What does the plaintiff’s person include?
His or her body, as well as anything attached to his/her body or anything he/she is holding.
If someone messes around with a prosthetic leg or a pair of dentures when not in use, can that be an offensive touch?
No.
Assault elements? (4)
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
In the assault context, what does apprehension mean?
Knowledge
How does “apprehension” in the assault context different from real life?
Apprehension is assault context means knowledge.
Apprehension in real life means fear/nervousness.
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.
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.
Two rules for immediacy?
Words alone lack immediacy
Overt conduct is needed
Cans words satisfy the immediacy requirement of assault?
No.
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.
No. Assault requires a reasonable “apprehension” of an immediate battery. Here, there is no immediacy BECAUSE words alone lack immediacy
True of false: Under assault, words can negate immediacy.
True
_______ words can negate immediacy (when accompanying a menacing gesture)
Subjunctive
Words ___ ___ ______ ______ can negate immediacy when accompanying a menacing gesture
In the future tense.
If you have menacing gesture coupled with words, give those words what effect?
Ordinary and normal effect.
Elements of False Imprisonment? (3)
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
In the FI context, will a threat suffice as an act of restraint?
Yes, as long as it would operate on the mind of a reasonable person.
In the FI context, an omission can be an act of restraint, provided . . .
Provided that there was a preexisting duty between P and D.
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?
Yes.
In the FI context, a “bounded area” is defined by
The threat
An area can be bounded if does not have specific boundaries. True or false?
True
An area is not considered bounded IF . . .
There is a REASONABLE means of escape that the plaintiff can reasonably discover.
Can a reasonable means of escape from a bounded area be offensive to ones sensibilities? For example, disgusting, dangerous, etc.
No.
Can a reasonable means of an escape from a bounded area be concealed in order to qualify?
No
All intentional torts require which two elements?
Intent (specific or general) and Causation (substantial factor)
Causation is satisfied if D’s conduct was a ____ _____ in bringing about the injury.
Substantial factor.
