Intentional Torts to Persons Flashcards
what are the two elements of battery (in addition to intent/causation)?
1) harmful or offensive contact, and
2) contact must be with the plaintiff’s person
what is “harmful” contact?
contact that causes actual injury, pain, disfigurement
what is “offensive” contact?
contact that is considered offensive to a reasonable person
true or false: battery can be satisfied with indirect contact.
TRUE (ie – setting a trap that the plaintiff later falls into)
what do we mean by contact to a plaintiff’s “person”?
contact to anything connected to a plaintiff (ie – clothing, purse)
what are the two elements of assault (in addition to intent/causation)?
1) act by the defendant creates a reasonable apprehension in the plaintiff
2) of an immediate battery
what is “apprehension” for assault purposes?
plaintiff was aware of the threat from defendant’s act
true or false: plaintiff must be afraid/intimidated to be in reasonable apprehension.
FALSE (only knowledge is required)
true or false: if the defendant only has the apparent ability (not actual) to commit a battery, this IS enough to cause reasonable apprehension.
TRUE (ie – unloaded gun pointed at plaintiff)
true or false: words alone are enough to put a plaintiff in reasonable apprehension.
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)
true or false: a plaintiff’s apprehension must be of an immediate battery to qualify as assault.
TRUE (threat of later battery is not assault)
what are the two elements to false imprisonment (in addition to intent/causation)?
1) an act or omission by the defendant that confines/restrains the plaintiff
2) to a bounded area
what is a “bounded area” for false imprisonment purposes?
an area in which freedom of movement is restricted in all directions with NO REASONABLE MEANS of escape by the plaintiff
what acts of restraint are sufficient for false imprisonment?
- 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
what acts of restraint are insufficient for false imprisonment?
- moral pressure
- future threats
true or false: the confinement period must be substantial to qualify as false imprisonment.
FALSE (time of confinement is IRRELEVANT)
true or false: the plaintiff must either be aware of the confinement OR be harmed by it to qualify as false imprisonment.
TRUE
true or false: if means of escape exist and are reasonably discoverable by the plaintiff, the area is NOT bounded.
TRUE (must have no reasonable means of escape)
even if there is a means of escape, it will not be reasonable if it is… (4 options)
1) dangerous,
2) disgusting,
3) humiliating, or
4) hidden
what are the two elements to intentional infliction of emotional distress (in addition to intent/causation)?
1) an act by the defendant amounting to extreme and outrageous conduct, and
2) the plaintiff must suffer severe emotional distress
what is “extreme and outrageous conduct”?
conduct that is completely indecent and not tolerated in a civilized society
when will conduct that is NOT normally outrageous become so?
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)
true or false: generally, mere insults are NOT outrageous conduct.
TRUE
what minimum level of intent is enough satisfy IIED?
defendant acted with recklessness
