Intentional torts (personal injury)

Question 1

Battery

Answer 1

1. Harmful or offensive contact (objective standard; no actual harm required)
2. To person of another (or anything connected to it)
3. Causation (direct or indirect)
4. D’s intent (transferred intent applies)

Question 2

Assault

Answer 2

Act or threat by D intended to cause apprehension of imminent harm or offensive contact

1. Conduct or other circumstances (mere words not enough)
2. P must have reasonable apprehension and awareness of D’s act
3. Imminent threat of harm
4. Intent (includes transferred intent)

Question 3

IIED

Answer 3

1. Intent (not transferred) or recklessness
2. Extreme and outrageous conduct by D (beyond human decency, outrageous)
3. Third party liability (distresses member of victim’s immediate family—with or without resulting bodily injury—or other bystander resulting in bodily injury)
4. Causation (substantial-factor test)
5. Damages—severe emotional distress (beyond reasonable person’s endurance or D knows of plaintiff’s heightened sensitivity)

Question 4

False imprisonment

Answer 4

Elements: Intent to confine or restrain another w/in boundaries (no reasonable means of safe escape); confinement; victim is conscious of confinement or harmed by it

Methods of confinement (physical barriers or force, threats, invalid use of legal authority, duress, failure to provide means of escape)

Time—immaterial except as to amount of damages

Intent—purposeful act or knowing confinement is substantially certain to result

Damages—actual damages necessary only if P was unaware of confinement

Defense: Shopkeeper’s privilege—reasonable detention of suspected shoplifter