Intentional Torts to the Person

Question 1

To establish a prima facie case for any intentional tort, plaintiff must prove:

Answer 1

Act
Intent
Causation
(all by D)

Question 2

What is the required act by the defendant?

Answer 2

Act required is a volitional movement by the defendant?

Question 3

The transferred intent doctrine applies when the defendant intends to commit a tort against one person but instead:

Answer 3

• commits a different tort against
• commits same intended tort but against a different person OR
• commits a different tort against a different person

In such situations, the intent to commit a certain tort against one person is transferred to the tort actually committed or to the person actually injured for purposes of establishing a prima facie case.

Question 4

Transferred intent may be invoked only if both the tort intended and the tort that results are one of the following:

Answer 4

• battery
• assault
• false imprisonment
• trespass to land
• trespass to chattel

Question 5

Battery

Answer 5

Harmful or offensive contact
contact must be with the plaintiff’s person

Question 6

What is harmful or offensive contact?

Answer 6

Contact is harmful if it causes actual injury, pain, or disfigurement. Contact is offensive if it would be considered offensive to a reasonable person.

Question 7

Direct or indirect contact

Answer 7

Contact can be direct (for example, hitting the plaintiff) or indirect (setting a trap for P to fall into)

Question 8

What counts as the plaintiff’s person?

Answer 8

Includes anything connected to the plaintiff.

Question 9

Battery - Damages not required

Answer 9

Plaintiff can recover nominal damages even if actual damages aren’t proved. May recover punitive damages for malicious conduct.

Question 10

The key testable elements for assault are:

Answer 10

• act by the defendant creating a reasonable apprehension in the plaintiff
• of an immediate battery

Question 11

For apprehension to be shown, does the plaintiff need knowledge of the act?

Answer 11

Yes.

Question 12

Are words enough to create apprehension?

Answer 12

No, words must go with conduct. However, words can negate reasonable apprehension (shaking your fist but saying you won’t hit anyone).

Question 13

Assault Requirement of Immediacy

Answer 13

Plaintiff must be immediately apprehensive that they are about to be a victim of battery.

Question 14

Key testable elements for false imprisonment are:

Answer 14

An act or omission on the part of the defendant that confines or restrains the plaintiff

the plaintiff must be confined to a bounded area

Question 15

What is a bounded area?

Answer 15

For an area to be “bounded” freedom of movement must be limited in all directions. There must be no reasonable means of escape known to the plaintiff.

Question 16

Intentional infliction of emotional distress

Answer 16

• an act by defendant amounting to extreme and outrageous conduct
• the plaintiff must suffer severe emotional distress

Question 17

Conduct that is not normally outrageous may become so if:

Answer 17

• it is continuous in nature
• it is committed by a certain type of defendant (common carriers or innkeepers may be liable even for mere “gross insults”) OR
• it is direct toward a certain type of plaintiff

Question 18

IIED Requisite Intent

Answer 18

Unlike other intentional torts, recklessness as to the effect of the defendant’s conduct will satisfy the intent requirement.

Question 19

IIED - Actual Damages Required

Answer 19

Actual Damages (sever emotional distress), not nominal damages, are required. Proof of physical injury generally not required. More outrageous conduct, the less proof of damages is required.

Question 20

What is the only intentional tort to the person that needs damages?

Answer 20

IIED