Intentional Torts to Person Flashcards
What are the elements of battery?
- Act, 2. Intent to make contact 3. H/O contact to P, 4. c/f, 5. Injury
What is the difference between single and dual intent in battery?
Single intent is the majority rule that the intent is just purpose/knowledge to make contact. Dual intent is the minority rule that there was intent to make contact and appreciation of the h/o contact.
What is the difference between harmful or offensive contact?
Harmful has a physical impairment, offensive contact is any contact that would offend a reasonable person.
The two main components of why tort law exists?
Compensation and deterrence
Difference between injury and harm?
Injury is a legal idea, harm is someone hurt
what happens to damages if there is no actual harm proven?
nominal damages
Battery not only encompasses physically touching the body but what else?
- Anything so connected; 2. personal dignity that comes into contact with body (blowing smoke)
Elements of Assault
- Act, 2. Intent to cause apprehension, 3. P reas suffer an app. of imminent h/o contact, 4 c/f, 5. Injury
What tort(s) does dual intent go with?
Battery only
What is purpose vs. knowledge intent?
Purpose intent is you wanted to ___, knowledge is you knew with subst. certainty that your act would ____.
What is special about Element 3 in assault?
Both the P and a RP have to suffer an apprehension.
Are threatening words enough to constitute assault? Why or why not?
No because words are technically not imminent. Needs words + something else. Something else could be small space, night, multiple people threatening in your space.
What does apprehension really mean for assault?
Apprehension is anticipation, NOT fear.
What is transferred intent?
If you intend battery, you can be found liable for assault. If you intend assault and mistakenly batter someone, that intent for assault can transfer to intent for battery.
What are the three kinds of transferred intent?
- Person-person (Intent to contact A, but contact B)
- Tort-tort (Intent to assault A, but batter A)
- Both Person and Tort (Intent of assault A but batter B)
What are the elements of false imprisonment?
- Act, 2. Intent to confine/restrain, 3. P confined/restrained in bounded area, 4. c/f, 5. Injury presumed if P conscious of confinement. If unconscious, need to show actual harm
Does the confinement/restraint have to be against their will?
Yes. If a P went with to clear themselves of suspicion, there is no imprisonment.
What are the elements of IIED?
- Act, 2. Intent to cause emotional distress, 3. E/O conduct, 4. C/f, 5. Severe emotional distress: P suffers, RP suffers too (RP does not have to suffer if D knows of P’s particular sensitivity).
How do we test for E/O conduct for IIED?
Would an average community member exclaim “outrageous!”
How do you satisfy IIED Element 5?
Need proof of actual distress: things like physical manifestations, psychological manifestations, seeking medical treatment, how long the symptoms went on for, that it interfered with daily functioning.
Does a D being in a position of power over a P impact an IIED claim? If so, how?
It contributes to the D knowing of P’s particular sensitivity.
Elements of RIED?
- Act, 2. Recklessness - disregard of sub. chance of causing ED, 3. E/O conduct, 4. c/f, 5. Severe emotional distress: P suffer, RP suffer, RP not req. if D knows of P’s sensitivity.
Elements of Indirect IIED?
- Act, 2. Intent * towards our indirect plaintiff, 3. E/O conduct happened to someone else, 4. c/f, 5. Severe emotional distress (P, RP, No RP if D knew of P sens.), 6. P has to be present AND be a family member, if not a family member, there must be a physical manifestation of ed.
