Intentional Torts to the Person

Question 1

What are the Intentional Torts to the Person

Answer 1

1. Battery
2. Assault
3. False Imprisonment
4. IIED

Question 2

PFC for battery

Answer 2

1. ACT - direct or indirect - by the D that will bring about harmful or offensive contact to the P - direct or indirect
   
   1. Contact is with P’s person - anything connected to P …purse, clothing, body
2. INTENT of D to bring about the harmful or offensive contact to P’s person
3. CAUSATION

It is not necessary to show that the defendant intended to cause injury or harm by that _contact_. Only need to show that D intended to set something in motion to cause injury or harm to P. The contact need not be brought about by a direct application of force. It is sufficient if the defendant sets something in motion which ultimately produces unpermitted touching, such as putting poison or other deleterious ingredients in the plaintiff’s food.

Question 3

What damages can be recovered for battery

Answer 3

1. actual - not necessary to show
2. nominal - if actual arent recovered
3. punitive - for malicious conduct

Question 4

PFC for assault

Answer 4

1. ACT: D’s act creates reasonable apprehension in P of immediate battery (harmful** or **offensive contact) to P’s person
   
   1. aka fear is something that a reasonable person would foresee as being harmful to them
2. INTENT to bring about this reasonable apprehension in P of an immediate battery
3. Causation

Question 5

fear in regards to assault:

Answer 5

not required, P just needs to be aware that touch is imminent

Question 6

What is needed to show apprehension for assault

Answer 6

P aware that touch is imminent

Question 7

Is fear of imminent assault enough to establish a reasonable apprehension in P (and thus charge someone with assault)?

Answer 7

YES!

Question 8

Are words enough to commit assault?

Answer 8

NO! need words + conduct!

Question 9

What can words defeat in terms of assault

Answer 9

reasonable apprehension/immediacy on part of the D

ie D says I will hit you tomorrow defeats P’s apprehension because act not immediate

Question 10

What damages can P recover for assault

Answer 10

1. actual - not necessary to show
2. nominal - if actual arent recovered
3. punitive - for malicious conduct

Question 11

PFC for False Imprisonment

Answer 11

1. ACT: D commits an act of constraint or refinement of P and P confined to bounded area - P aware of confinement or harmed by it
2. Intent to confine
3. Causation

Question 12

List

Sufficient acts of restraint for FI include:

Answer 12

1. Physical barriers
2. Physical force against P, immediate fam, or personal property (ie bag)
3. Direct threats of force
4. Indirect
5. Indirect or implied threats of force
6. Failure to release the P when under legal duty to do so
7. Invalid use of legal authority (ie false arrest)

Question 13

The act of restraints only counts for which type of intentional tort

Answer 13

False Imprisonment

Question 14

List (2)

Insufficient acts of restraints for FI include

Answer 14

1. moral pressure
2. future threats

Question 15

What is not considered a reasonable way out

Answer 15

1. Dangerous
2. Disgusting
3. Humiliating
4. Hidden

Question 16

What damages are available for false imprisonment

Answer 16

1. actual, not necessary to show
2. nominal, when cant get actual
3. punitive, malice

Question 17

PFC for IIED

Answer 17

1. Act - by D amounting to extreme and outrageous conduct
   
   1. NOTE: only a tort if the conduct is extremely outrageous
2. Intent - D intentionally ^{(purposeful or knowledgeable)} or recklessly ^{(reckless disregard of the risk causing P the IIED)} causes P severe emotional distress
3. Causation - severe emotional distress
4. Damages - actual damages; severe emotional distress is enough, do not need physical damage

Question 18

IIED

Conduct is outrageous when

Answer 18

“exceeds all bounds of decency tolerated in a civilized society”

Question 19

list (2)

What counts as “Severe emotional distress”

Answer 19

1. fright and outrage were intense or prolonged OR
   
   1. ex - scared for months
2. suffered bodily harm
   
   1. experiencing a heart attack upon hearing the threat

Question 20

list (3)

For the tort of IIED the severity of the emotional distress depends on:

Answer 20

1. the intensity and duration of the distress
2. the egregiousness of the defendant’s conduct -AND-
3. the presence of bodily harm.

Question 21

List (3)

Conduct becomes outrageous when:

Answer 21

1. Continuous in nature
2. Committed by a certain type of D (ie common carriers, innkeepers may be liable even for mere gross insults
3. Directed towards a certain type of P (kids, elderly, pregnant, supersensitive adults )
   
   1. have to know person is pregnant
   2. doesnt matter if D knows person is supersensitive

Question 22

What intent is needed for IIED

Answer 22

reckless is enough

Question 23

What types of damages can be collected for IIED

Answer 23

actual damages are required

physical injury NOT required severe emotional distress is enough

Question 24

PFC for bystander in IIED

Answer 24

1. meet PFC for IIED -OR-
2. Bystander was
   
   1. present when injury occurred
   2. distress results in bodily harm to -AND-
      
      1. Bystander -or-
      2. bodily harm to P and P is a close relative of bystander;
   3. D knew these facts

Question 25

A private person may make an arrest without a warrant if

Answer 25

a felony has been committed and he reasonably believes that the person confined is the felon.

Question 26

A father enrolled his seven-year-old son in an older level baseball league by falsifying his son’s age. During a ball game, the father was infuriated when his son was called out on strikes and shouted in a loud voice, “Kill the ump!” The son, who was still holding his bat, swung it at the umpire and hit him in the arm.

In an action by the umpire against the father for battery, will the umpire prevail?

Answer 26

No, because the father did not intend to commit a battery against the umpire.

Question 27

A private citizen may make a felony arrest without a warrant:

Answer 27

Only if a felony has in fact been committed and the citizen has reasonable grounds for believing that the person arrested has committed it.

Question 28

Which of the following constitutes sufficient confinement for false imprisonment?

A - A threat of future harm against the plaintiff’s family

B -Reasonable restraint of a suspected shoplifter

C- An indirect threat of force against the plaintiff’s property

Answer 28

C- An indirect threat of force against the plaintiff’s property

Question 29

A prima facie case for intentional infliction of emotional distress requires

Answer 29

proof of extreme and outrageous conduct.

Question 30

For a prima facie case of assault, _________ will satisfy the element of apprehension.

A - Threat of future contact

B - An apparent ability to act

C - Words alone

Answer 30

An apparent ability to act will satisfy the element of apprehension in a prima facie case of assault. To establish a prima facie case of assault, the plaintiff must prove there was an act by the defendant that created a reasonable apprehension in the plaintiff of immediate harmful or offensive contact

Question 31

For an intentional tort, the intent element may be satisfied:

Answer 31

If the actor’s goal is to bring about certain consequences or the actor knows with substantial certainty that certain consequences will result

Question 32

A prima facie case for assault requires __________:

Answer 32

Awareness of the force set in motion by the defendant’s act

Question 33

With regard to false imprisonment, the length of the confinement is

IMMATERIAL.

Question 34

A prima facie case for intentional tort liability requires proof of _________.

Answer 34

a volitional act

Question 35

The defense of consent is not available if:

A The plaintiff consented due to threats of legal action.

B The plaintiff’s consent was induced by fraud as to a collateral matter.

C The plaintiff consented due to a mistake induced by the defendant.

D The plaintiff is not capable of consent because she is unconscious.

Answer 35

The plaintiff consented due to a mistake induced by the defendant.

Question 36

A golfer and her instructor were playing golf in a foursome when the golfer became very annoyed with critical comments made by the instructor. To show the other golfers in the group how annoyed she was with her instructor, the golfer stood a few yards behind him while the instructor was teeing off and swung a club at him. The instructor, who was focusing on his shot, was not within range of the club but unfortunately the club slipped out of the golfer’s hands and struck the instructor in the head, injuring him.

If the instructor brings a battery action against the golfer, will he recover?

A Yes, because the golfer acted intentionally and caused harmful contact to her instructor.

B Yes, because the golfer intended to cause the instructor reasonable apprehension of imminent harmful contact.

C No, because the golfer did not intend to cause harmful or offensive contact.

D No, unless the golfer acted unreasonably in swinging the club at her instructor.

Answer 36

C No, because the golfer did not intend to cause harmful or offensive contact.

The golfer will not be liable because she did not intend to cause harmful or offensive contact. The prima facie case for battery has the following elements: (i) an act by the defendant that brings about harmful or offensive contact to the plaintiff’s person; (ii) intent on the part of the defendant to bring about harmful or offensive contact to the plaintiff’s person; and (iii) causation. Here, the golfer did not have the intent to cause harmful or offensive contact.

(A) is incorrect because even though the golfer had the intent to swing the club, she did not have the intent required for battery-to cause harmful or offensive contact to another.

Question 37

doctrine of transferred intent

Answer 37

when D sets in motion the action which brings about the subsequent damage/harm they can be liable for the intentional tort

• for ex: D can be liable for battery even if initial intent was assault if D sets in motion the force to bring about the assault which then rises to a battery*
  i. e. motorcyclist saw his classmate walking and wanted to scare her by driving the motorcycle towards her and then swerve away. As motorcyclist attempts to swerve, his tire blows and he ends up falling with his motorcycle on the classmate. Classmates sues for battery. Is the suit valid?

Yes because the motorcyclists intended to scare the classmate (assault). So here, the intent to assault transfers and becomes a battery for which the classmate can sue

Question 38

Can a P recover humiliation damages under FI?

Answer 38

yes!

humiliation is an actual damage that P can recover for