Intentional Torts to the Person Flashcards
remember ** in addition to the key testable elements of a tort, what else must intentional torts require proof of?
(1) intent
(2) causation
what are the elements for the tort of “battery”
(1) harmful or offensive contact
(2) contact must be with the Plaintiff’s person
what is (1) harmful or offensive contact? re: battery
contact is HARMFUL IF it causes actual injury, pain, or disfigurement.
contact is OFFENSIVE if it would be considered offensive to a reasonable person AND only if it has not been permitted or consented to
when will consent (re: offensive contact in battery) be implied to be consented to?
in ordinary contacts of everyday life (i.e. minor bumping on a crowded bus)
what type of damages can a person recovery for a ‘battery’ claim?
for a battery claim - a Plaintiff can recover NOMINAL DAMAGES even if actual damages aren’t proved
plaintiff may also recover PUNITIVE damages for malicious conduct
what are the elements of assault?
(1) act by the defendant creating a REASONABLE APPREHENSION in the plaintiff
(2) of an IMMEDIATE BATTERY (harmful or offensive contact to the plaintiff’s person)
(3) intent
(4) causation
‘reasonable apprehension’
the apprehension of harmful or offensive contact must be reasonable. Courts generally won’t protect a plaintiff against exaggerated fears of contact
**don’t confuse apprehension for ‘fear’ or ‘intimidation’
how can ‘apprehension’ be shown?
for apprehension to be shown - the Plaintiff must have been aware of the threat from the defendant’s act, although the plaintiff need not be aware of the defendant’s identity
is ‘apparent ability’ sufficient to cause ‘reasonable apprehension’?
if the defendant has te apparent ability to commit a battery, this will be enough to cause a reasonable apprehension
what are the effect of words?
generally - word ALONE are NOT enough (for D to be liable - the words must be coupled with conduct)
HOWEVER - words can NEGATE reasonable apprehension (i.e. D shakes their fist but states that they are not going to strike the P)
when must the ‘reasonable apprehension’ happen?
it must be IMMEDIATE. The P must be apprehensive that they are about to become the victim of an IMMEDIATE battery
what type of damages can a P recover for an assault?
the plaintiff can recover NOMINAL damages even if actual damages are not proved
Malicious conduct may permit recovery of PUNITIVE damages
what are the elements of FALSE IMPRISONMENT?
(1) an act or omission on the part of the defendant that CONFINES OR RESTRAINS the plaintiff;
(2) the plaintiff must be confined to a BOUNDED AREA
What types of acts constitute ‘restraint’?
sufficient acts of restraint include:
a) physical barriers
b) physical force directed against eh plaintiff, immediate family, or personal property (i.e. confiscating P’s purse)
c) direct threats of force
d) indirect or implied threats of force
e) failure to release the Plaintiff when under a legal duty to do so (i..e taxi driver not letting customer out)
f) invalid use of legal authority (i.e. false arrest)
what are examples of insufficient acts of restraint?
a) moral pressure
b) FUTURE threats
how long must the confinement be?
it is IRRELEVANT how short the period of confinement is
what type of ‘awareness’ must P have of the confinement?
the p must KNOW of the confinement OR be HARMED by it
what is a ‘bounded’ area?
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 P
what are the elements of “intentional infliction of emotional distress”?
(1) an act by the defendant amounting to EXTREME AND OUTRAGEOUS CONDUCT
(2) the Plaintiff must suffer SEVERE emotional distress
what is the requisite intent for IIED?
unlike for other intentional torts, RECKLESSNESS as to the effect of the D’s conduct will satisfy the intent requirement
what constitutes ‘extreme and outrageous conduct’?
“extreme and outrageous conduct” is conduct that transcends all bounds of decency. Conduct that is not normally outrageous may become so if:
a) it is CONTINOUS in nature
b) it is committed by a CERTAIN TYPE OF DEFENDANT (common carriers or innkeepers may be liable even for mere ‘gross insults’) or
c) it is directed toward a CERTAIN TYPE OF PLAINTIFF (children, elderly persons, someone who is pregnant, supersensitive adults if the sensitivities are known to the defendant)
what are the elements of “intentional infliction of emotional distress”?
(1) an act by the defendant amounting to EXTREME AND OUTRAGEOUS CONDUCT
(2) the Plaintiff must suffer SEVERE emotional distress
what constitutes ‘extreme and outrageous conduct’?
“extreme and outrageous conduct” is conduct that transcends all bounds of decency. Conduct that is not normally outrageous may become so if:
a) it is CONTINOUS in nature
b) it is committed by a CERTAIN TYPE OF DEFENDANT (common carriers or innkeepers may be liable even for mere ‘gross insults’) or
c) it is directed toward a CERTAIN TYPE OF PLAINTIFF (children, elderly persons, someone who is pregnant, supersensitive adults if the sensitivities are known to the defendant)
what is the requisite intent for IIED?
what type of damages can the P recover for ‘false imprisonment’?
the P can recover:
(1) nominal damages even if actual damages are not proved
(2) actual damages
(3) punitive damages may be recovered if the defendant acted maliciously
what type of damages can a P recover from IIED?
(1) actual damages (severe emotional distress), nOT nominal damages are required
– proof of physical injury generally not required
– the more outrageous the conduct, the less proof of damages is required
what about bystander cases IIED?
when the defendant’s conduct is directed at a THIRD PERSON, and the PLAINTIFF suffers severe emotional distress because of it: the Plaintiff may recover by showing EITHER
a) the prima facie case of emotional distress; OR
b) (1) they were present when the injury occurred
(2) the distress resulted in bodily harm or the plaintiff is a close relative of the third person; and
(3) the defendant knew these facts
what are the 4 types of intentional torts to the person?
1) Battery
2) Assault
3) False Imprisonment
4) Intentional Infliction of Emotional Distress
