Intentional Torts to Persons

Question 1

what are the two elements of battery (in addition to intent/causation)?

Answer 1

1) harmful or offensive contact, and
2) contact must be with the plaintiff’s person

Question 2

what is “harmful” contact?

Answer 2

contact that causes actual injury, pain, disfigurement

Question 3

what is “offensive” contact?

Answer 3

contact that is considered offensive to a reasonable person

Question 4

true or false: battery can be satisfied with indirect contact.

Answer 4

TRUE (ie – setting a trap that the plaintiff later falls into)

Question 5

what do we mean by contact to a plaintiff’s “person”?

Answer 5

contact to anything connected to a plaintiff (ie – clothing, purse)

Question 6

what are the two elements of assault (in addition to intent/causation)?

Answer 6

1) act by the defendant creates a reasonable apprehension in the plaintiff
2) of an immediate battery

Question 7

what is “apprehension” for assault purposes?

Answer 7

plaintiff was aware of the threat from defendant’s act

Question 8

true or false: plaintiff must be afraid/intimidated to be in reasonable apprehension.

Answer 8

FALSE (only knowledge is required)

Question 9

true or false: if the defendant only has the apparent ability (not actual) to commit a battery, this IS enough to cause reasonable apprehension.

Answer 9

TRUE (ie – unloaded gun pointed at plaintiff)

Question 10

true or false: words alone are enough to put a plaintiff in reasonable apprehension.

Answer 10

FALSE (needs to be coupled with conduct)
**NOTE = words CAN negate reasonable apprehension! (ie – person shakes fist at plaintiff but says they won’t hit them)

Question 11

true or false: a plaintiff’s apprehension must be of an immediate battery to qualify as assault.

Answer 11

TRUE (threat of later battery is not assault)

Question 12

what are the two elements to false imprisonment (in addition to intent/causation)?

Answer 12

1) an act or omission by the defendant that confines/restrains the plaintiff
2) to a bounded area

Question 13

what is a “bounded area” for false imprisonment purposes?

Answer 13

an area in which freedom of movement is restricted in all directions with NO REASONABLE MEANS of escape by the plaintiff

Question 14

what acts of restraint are sufficient for false imprisonment?

Answer 14

• physical barriers
• physical force directed at plaintiff, immediate family, or personal property
• direct threats of force
• indirect or implied threats of force
• failure to release the plaintiff when under a legal duty to do so
• invalid use of legal authority

Question 15

what acts of restraint are insufficient for false imprisonment?

Answer 15

• moral pressure
• future threats

Question 16

true or false: the confinement period must be substantial to qualify as false imprisonment.

Answer 16

FALSE (time of confinement is IRRELEVANT)

Question 17

true or false: the plaintiff must either be aware of the confinement OR be harmed by it to qualify as false imprisonment.

Answer 17

TRUE

Question 18

true or false: if means of escape exist and are reasonably discoverable by the plaintiff, the area is NOT bounded.

Answer 18

TRUE (must have no reasonable means of escape)

Question 19

even if there is a means of escape, it will not be reasonable if it is… (4 options)

Answer 19

1) dangerous,
2) disgusting,
3) humiliating, or
4) hidden

Question 20

what are the two elements to intentional infliction of emotional distress (in addition to intent/causation)?

Answer 20

1) an act by the defendant amounting to extreme and outrageous conduct, and
2) the plaintiff must suffer severe emotional distress

Question 21

what is “extreme and outrageous conduct”?

Answer 21

conduct that is completely indecent and not tolerated in a civilized society

Question 22

when will conduct that is NOT normally outrageous become so?

Answer 22

when the conduct is…
1) continuous/repetitive in nature
2) committed by a certain type of defendant (ie– common carriers/innkeepers)
3) directed towards a certain type of plaintiff (ie– children, elderly, pregnant people, supersensitive adults that defendant is aware of)

Question 23

true or false: generally, mere insults are NOT outrageous conduct.

Answer 23

TRUE

Question 24

what minimum level of intent is enough satisfy IIED?

Answer 24

defendant acted with recklessness

Question 25

when will a defendant’s act by considered outrageous if directed toward a supersensitive adult?

Answer 25

when the defendant KNEW of the adult’s particular sensitivity and still acted

Question 26

true or false: actual damages ARE required to prove IIED (unlike other ITs to persons).

Answer 26

TRUE

Question 27

what evidence is sufficient to show that the plaintiff suffered severe emotional distress? (IIED)

Answer 27

only some evidence of severe emotional distress (but no specific physical injury, etc required)
**NOTE = subjective standard

Question 28

when may a plaintiff recover for IIED caused by defendant’s act to a third person? (bystander IIED) (2 methods + elements to alternative method)

Answer 28

when the plaintiff proves either the prima facie elements of IIED OR:
1) they were present when the injury occurred
2) distress resulted in bodily harm OR plaintiff is a close relative of the third person, and
3) the defendant KNEW these facts

Question 29

true or false: IIED is a fallback tort (ie – if plaintiff can recover under another theory, go with that over IIED).

Answer 29

TRUE