Intentional Torts - Personal Injury Flashcards
In general, what 3 things does a P need to prove for an intentional tort?
- Act
- Intent
- Causation
Requirement of “act”
voluntary
Intent definition
- the actor acts with the purpose of causing the consequences
- the actor knows that the consequence is substantially certain to follow
Transferred intent - definition
when the intent to commit on tort satisfies the required intent for a different tort
Battery - elements
- harmful or offensive contact
- to the person of another
- Causation
- Intent
- Damages
Harmful and offensive contact, objective or subjective?
Objective
M/m rule on the intent element of battery
M: single-intent rule, D may be liable if D intends to bring about the contact (does NOT need to intend that the contact is harmful or offensive)
m: double-intent rule, D must intend to bring about a contact AND intend that the contact be harmful or offensive
Does transferred intent apply to battery?
Yes
Assault definition
act or threat by D intended to cause apprehension of imminent harm or offensive contact
Assault elements
- conduct or other circumstances
- P must have reasonable apprehension and awareness of D’s act or threat
- imminent threat of harm
- intent
Does transferred intent apply to assault?
Yes
Are words enough for assault?
Generally no
if the D is able to carry out the threat imminently and takes action designed to put the victim in a state of apprehension, THEN there may be an assault
Is proof of actual harm required for battery?
No, the plaintiff can recover nominal damages
What is the eggshell plaintiff rule
a defendant is liable for all harm that flows from a battery EVEN if it is much worse than the defendant expected it to be
When are punitive damages allowed for battery?
If the D acted
- outrageously OR
- with malice
Intentional Infliction of Emotional Distress - elements
- intent or recklessness
- extreme and outrageous conduct by D
- damages
IIED - definition
the defendant intentionally or recklessly engages in extreme and outrageous conduct that causes the P severe emotional distress
What are 2 circumstances where courts are more likely to find conduct or langue to be extreme or outrageous?
- when D is in a position of authority or influence over the P OR
- P is a member of a group that has a heightened sensitivity (children or elderly)
Does transferred intent apply to IIED?
Depends
- it does not apply when D intended to commit a DIFFERENT intentional tort against a DIFFERENT victim
- MAY apply if D’s extreme conduct harms another
What is extreme and outrageous conduct by D?
beyond human decency
What do public figures have to show for IIED?
Must show
- falsity and
- acutal malice
How do issues of public concern work with IIED?
Private P cannot recover if issue was of public concern
Can 3rd parties recover under IIED?
Yes
- distresses member of victim’s immediate family can, with or without bodily injury
- other bystanders, need to have bodily injury
What are sufficient damages for IIED
severe emotion distress
(a) beyond reasonable person’s endurance or
(b) D knowns of P’s heightened sensitivity
physical injury is NOT required
Elements of False Imprisonment
- intent to confine or restrain another within boundaries
- confinement (direct or indirect)
- victim is conscious of confinement OR harmed by it
Does time matter for false imprisonment?
No, effects damages though
Are actual damages required for false imprisonment?
Actual damages only necessary if P was unaware of confinement
What is the Shopkeeper’s Privilege?
It is the reasonable detention of a suspected shoplifter
Could a court find false imprisonment when the D refused to perform a duty to help a person escape?
Yes, such as store clerk refusing to unlock dressing room - even though clerk did not cause the door to lock
Does transferred intent apply to false imprisonment?
Yes
