Intentional Torts to the Person

Question 1

Battery Elements

Answer 1

1) Harmful or offensive contact
–can be direct or indirect, immediate or delayed
2) Contact must be with the plaintiff’s person
–can be connected to the P, like clothing or a purse

Damages not reqiured.

Question 2

Assault Elements

Answer 2

1) reasonable apprehension
–fear not required. just knowledge of the threat.
–even if technically impossible (empty gun)
2) Of an immediate battery
–words alone lack immediacy. must be some conduct
–but words can destroy immediacy

damages not required

Question 3

“Offensive Contact” in Battery

Answer 3

Basically means unpermited or unconsented to by a person of ordinary sensitivity. Reasoanble person standard.

BUT consent implied for ordinary contact of everyday life.

Question 4

False Imprisonment Elements

Answer 4

1) An act or omission by the D that CONFINES OR RESTRAINS P
–must be aware or harmed by the restraint
–time is irrelevant
2) P confined in bounded area
–no reasonable means of escape
–doesn’t need to be precise boundaries

damages not required

Question 5

“Acts of Restraint” in False Imprisonment

Answer 5

Doesn’t need to be physical. Indirect or implied threats satisfy, but can’t me moral pressure of future threats.

False arrest is sufficient.

Omissions constitute if there’s a legal duty to let free.
–(Taxi driver not letting you out; flight attendant not helping a disabled person off the plane)

Question 6

“No reasonable means of escape” False imprisonment

Answer 6

Not reasonable:
1) Hidden
2) Disgusting
3) humiliating
4) dangerous

Question 7

Intentional Infliction of Emotional Distress

Answer 7

1) ACt amount to extreme and outrageous conduct
–exceeds all bounds of decency tolerated in a civilized society
2) P suffered severe emotional distress
–no mandatory type of evidence req, but some evidence req

For intent, RECKLESSNESS is enough

ACTUAL damages required

Question 8

Extreme and Outrageous conduct

Answer 8

Transcends all bounds of decency. Bad but Non-outrageous conduct may become so if:
1) Continous in nature
2) Commited by a certain type of D
–common carrier (transportation co.) or inkeeper
3) directed toward a certain type of P
–vulnerable groups (young, elderly, pregnant); supersensitive adults if sensitivities are known to D

mere insults not enough, but can be a factor.

Question 9

Intentional Infliction of ED on a bystander

Answer 9

D’s conduct directed at T, but P sufferes severe emotional distress b/c of it.

P may recover by showing either the PF elements, or that:
1) they were present when the injury occured
2) the distress resulted in BODILY HARM or the P is a close relative of T And
3) D knew these facts