Intentional Torts to Person

Question 1

Act

Answer 1

External manifestation, voluntary action

(mind body connection)

Question 2

Harmful Contact

Answer 2

Leads to physical impairment

Question 3

Offensive Contact

Answer 3

Contact that offends a reasonable person

Question 4

Define

Apprehension

Answer 4

Anticipation (fear/expectation) of imminent harmful or offensive contact

• like anticipation – words alone ARE NOT enough to create apprehension… must be something in additional to words
• Does not have to be FEAR but an anticipation

Question 5

Elements

Battery

Answer 5

1. Act
2. Intent – for contact (Purpose OR KSC)
3. Harmful OR Offensive Contact
4. Cause-in-fact
5. Injury (presumed when contact made)

2) MAJ & Min + transferred intent
4) Did H/O cause injury

Question 6

Battery (Intent, MAJ)

Answer 6

Purpose or KSC

Question 7

Battery (Intent, MIN)

Answer 7

Purpose or KSC; AND appreciates contact

Question 8

“Accidents”

Answer 8

do not exist in tort law, if voluntary act leads to greater consequence … held liable for that greater consequence

Question 9

Nominal Damages

Answer 9

Acknowledges a wrong done, awards a very little amount of money

Question 10

(Elements)

Assault

Answer 10

1. Act
2. Intent – for apprehension (Purpose OR KSC)
3. Suffers apprehension (anticipation) of imminent H/O contact (P&RP)
4. Cause-In-Fact
5. Injury (presumed)

3) P and RP must suffer apprehension

Question 11

Battery to Assault

Transferred Intent

(only for battery/assault)

Person-Person & Tort-Tort

Answer 11

Person-Person: applies intent toward third party to P
* Intent to contact A, instead hits B
* D is liable to B as if he had intented to contact B

Tort-Tort: purpose of SC of imminent apprehension
* Intent to cause apprehension to A, but instead contacts A
* D is liable to A for battery even through he only intended assault

Question 12

Assault to Battery

Transferred Intent

(only for battery/assault)

Person-Person & Tort-Tort

Answer 12

Person-Person: applies intent toward third party to P
* Intent to cause apprehension of harm to A, instead cause appeanshion of harm to B
* D is liable to B as if he intended apprehension of harm B

Tort-Tort: purpose of SC of contact
* Intent to cause contact to A, but instead causes apprehension of imminent harm to A
* D is liable to A for assult even through he only intended battery

Question 13

(Elements)

False Imprisionment

Answer 13

1. Act
2. Intent – for confine (Purpose OR KSC)
3. P confined in bounded area (without reasonable means of escape)
4. C/F
5. Injury presumed (if conscious of confinement; actual harm needed if not)

Question 14

IIED

Extreme/Outageous Conduct Test

Answer 14

typical community would stand up exclaim the act was outrageous

More than just words; worse with imbalance of power; worse if D has knowledge of particular sensitivity

Question 15

(Elements)

IIED

Answer 15

1. Act
2. Intent – to cause ED (purpose OR KSC)
3. E/O Conduct (test)
4. C/F
5. Severe ED (P suffers; AND RP suffers)
   **RP not needed if D knows of particular sensitivity

Question 16

(Elements)

RIED

Answer 16

1. Act
2. Recklessness – conscious disregard; substantial chance of causing ED
   (1) D consciously disregarded risk of harm and
   (2) Risk of causing ED is substantially probable
3. E/O Conduct (test)
4. C/F
5. Severe ED (P subjectively suffers ED AND RP suffer SED (**not req’ if D knows of P’s particular sensitivity))

Question 17

(Elements)

Indirect IIED

Answer 17

1. Act
2. Intent to to cause ED to P (observer) (purpose/KSC)
3. E/O Conduct
4. C/F
5. Severe ED (obj & subj)
6. Present AND Family member OR physical manifestation

Question 18

Physical Manifestations

Answer 18

Need to be serious side effects (ex. vomitting)

• Psychological manifestations of ED: Sleeplessness, depression, anxiety, emotional outbursts, nightmares, substance abuse, unpleasant mental reactions (shame, guilt, worry, anger, sorrow)
• Physiological (physical) manifestations of ED: Nausea, headaches, weight change
• Dianogsis of disorder, like PTSD, prescribed medication
• Intensity and duration of symptions and treatment
• Impairment to daily life
• D’s conduct itself … not reliable

Question 19

Aspects of…

Intent

Answer 19

Purpose (to do x)
Knowledge of Substantial Certainty to/of (x)

Question 20

Cause-in-Fact for Intentional Torts

Answer 20

But for (remember the awkwardness if only jury presumed)
Alternative liability burden shifts
Multiple sufficient causes (substantial factor and sufficiency)

B.A.M