Intentional Torts to the Person

Question 1

Battery Prima Facie Case

Answer 1

The defendant
1) undertook an act
2) with intent to effect either
3) harmful or offensive contact
4) with the plaintiff’s person

Question 2

Harmful or Offensive Contact (Battery)

Answer 2

Harmful - contact is harmful if it causes actual injury, pain, or disfigurement

Offensive - contact is offensive if it would be offensive to a reasonable person. Essentially, any contact that would be unpermitted by a reasonable person.

NOTE - contact can be direct or indirect (setting a trap for the plaintiff to fall into)

Question 3

Plaintiff’s Person (Battery)

Answer 3

The plaintiff’s person includes anything connected to the plaintiff (clothing, purse)

NOTE - it includes touching a horse when the plaintiff is riding the horse

Question 4

Damages (Battery)

Answer 4

Damages are not required. The plaintiff can recover nominal damages even if actual damages aren’t proved.

The plaintiff may recover punitive damages for malicious conduct.

Question 5

Assault Prima Facie Case

Answer 5

1) the defendant undertook an act
2) with the intent to create a reasonable apprehension in the plaintiff
3) of an immediate batter (harmful or offensive contact to the plaintiff’s person) (it must be immediate)

NOTE - apprehension does not require fear, just anticipation of the contact

Question 6

Apprehension Must be Reasonable (Assault)

Answer 6

The apprehension of harmful or offensive contact must be reasonable. Courts generally will not protect a plaintiff against exaggerated fears of contact. (a plaintiff’s hypersensitivity is not taken into account)

Question 7

Knowledge of the Act (Assault)

Answer 7

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.

Question 8

Apparent Ability (Assault)

Answer 8

All that is required for reasonable apprehension is the defendant have the apparent ability to commit a battery.

Unloaded Gun Problem
– If the plaintiff knows the gun is unloaded, then there is no assault
– If the plaintiff does not know the gun is unloaded, there has been an assault

Question 9

Effect of Words (Assault)

Answer 9

Words alone are insufficient. For the defendant to be liable, the words must be coupled with conduct.

However, words can negate reasonable apprehension (shaking fist but states they are not going to strike plaintiff)

Question 10

Damages (Assault)

Answer 10

Damages are not required. The plaintiff can recover nominal damages even if actual damages are not proved. Malicious conduct may permit recovery of punitive damages.

Question 11

False Imprisonment Prima Facie Case

Answer 11

1) an act or omission by the defendant
2) with the intent to confine or restrain the plaintiff
3) which does confine the plaintiff to a bounded area

NOTE - it is irrelevant how short the period of confinement is, HOWEVER the plaintiff must know of the confinement or be harmed by it

Question 12

Methods of Confinement or Restraint (False Imprisonment)

Answer 12

Sufficient acts of restraint include:
– physical barriers
– physical force directed against the plaintiff, immediate family, or personal property
– direct threats of force
– indirect threats or implied threats of force
– failure to release the plaintiff when under a legal duty to do so (taxi refusing to let a customer out)
– involute use of legal authority (false arrest)

Insufficient acts of restraint include:
– moral pressure
– future threats

Question 13

Bounded Area (False Imprisonment)

Answer 13

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. (Bar will test on whether escape was reasonable)

The means of escape cannot be
– dangerous
– disgusting
– humiliating
– hidden

Question 14

Damages (False Imprisonment)

Answer 14

Damages are not required. The plaintiff can recover nominal damages even if actual damages are not proved. Punitive damages may be recovered if the defendant acted maliciously.

Question 15

Intentional Infliction of Emotional Distress Prima Facie Case

Answer 15

1) Act act by the defendant amounting to extreme and outrageous conduct
2) with the intent of causing, or reckless disregard of the probability of causing emotional distress
3) the plaintiff’s suffering of SEVERE emotional distress

NOTE - unlike the other intentional torts, recklessness as to the effect of the defendant’s conduct will satisfy the element of intent.

Question 16

Extreme and Outrageous Conduct (IIED)

Answer 16

It is conduct that transcends all bounds of decadency tolerated in a civilized society. Mere threats are not considered outrageous.

Conduct that is not normally outrageous may become so if:
1) it is continuous in nature;
2) it is committed by a certain type of defendant (common carriers or innkeepers may be liable even for mere gross insults); or
3) it is directed toward a certain type of plaintiff (children, elderly persons, someone who is pregnant, hypersensitive adults if the sensitivities are known to the defendant)

NOTE - 3 is most likely to be on the exam

Question 17

Damages (IIED)

Answer 17

Actual damages are required. The plaintiff must suffer severe emotional distress. Proof of physical injury generally isn’t required. The more outrageous the conduct, the less proof of damages is required.

NOTE - IIED is the only intentional tort to the person that requires damages

Question 18

Causation in Bystander Case (IIED)

Answer 18

When the defendant’s conduct is directed to a third person, and the plaintiff suffered severe emotional distress, the plaintiff may recover by showing either

1) the prima facie case elements of emotional distress; or

2) that (a) they were present when the injury occurred;
(b) the distress resulted in bodily harm or the plaintiff is a close relative of the third person; and
(c) the defendant know of these facts