Intentional Torts to Person

Question 1

Assault/Prima Facie

Answer 1

To establish a prima facie case for assault, the following elements must be proved: a reasonable apprehension in plaintiff of immediate harmful or offensive contact, intent by defendant to bring about plaintiff’s apprehension, and plaintiff’s apprehension was caused by defendant or something set in motion directly or indirectly by defendant.

Question 2

Assault/Words Alone

Answer 2

Words alone unaccompanied by any act is not enough to create a reasonable apprehension of immediate harmful or offensive contact.

Question 3

Battery/Prima Facie

Answer 3

To establish a prima facie case for battery, the following elements must be proved: an act by defendant brings about harmful or offensive contact to the plaintiff or anything connected to the plaintiff, intent by defendant to bring about the harmful or offensive contact, and the contact was caused by defendant or something set in motion directly or indirectly by defendant

Question 4

Battery/Offensive Contact

Answer 4

Contact is considered offensive if the plaintiff has not expressly or impliedly consented to it.

Question 5

Battery/Actual Damages

Answer 5

Actual damages or showing of physical harm is not required to sustain a prima facie case for battery. Plaintiff may recover nominal damages.

Question 6

False Imprisonment/Prima Facie

Answer 6

To establish a prima facie case for false imprisonment, the following elements must be proved: an act or omission by defendant that confines or restrains the plaintiff to a bounded area, intent by defendant to confine or restrain plaintiff to a bounded area, and confinement or restraint was caused by defendant or something set in motion directly or indirectly by defendant.

Question 7

False Imprisonment/Bounded Area

Answer 7

Bounded area means no reasonable means of escape.

Question 8

False Imprisonment/Time of Confinement

Answer 8

The time of confinement is immaterial to sustain a prima facie case for false imprisonment.

Question 9

Intentional Infliction of Emotional Distress/Prima Facie

Answer 9

To establish a prima facie case for intentional infliction of emotional distress, the following elements must be proved: an act by defendant amounting to extreme and outrageous conduct, intent or reckless behavior by defendant to bring about severe emotional distress, and severe emotional distress resulted

Question 10

Intentional Infliction of Emotional Distress/Extreme and Outrageous Contact

Answer 10

Extreme and outrageous conduct is conduct that shocks the plaintiff. It transcends all bounds of decency that is tolerated by society.

Question 11

Intentional Infliction of Emotional Distress/Extreme and Outrageous Contact - Offensive or Insulting Language

Answer 11

Offensive or insulting language is considered extreme and outrageous conduct when there is a special relationship between plaintiff and defendant (such as common carrier, e.g. bus driver), innkeepers, or defendant knows that plaintiff is sensitive or susceptible to emotional distress.

Question 12

Intentional Infliction of Emotional Distress/Physical Contact or Harm

Answer 12

Physical contact or harm injury is not required to sustain a prima facie case for intentional infliction of emotional distress.

Question 13

Negligent Infliction of Emotional Distress/Physical Contact or Harm

Answer 13

Plaintiff can only recover for negligent infliction of emotional distress when he has actually sustained physical contact or has suffered actual physical harm.