Intentional Torts To the Person Flashcards
Battery
Harmful or Offensive contact with the plaintiff’s person, with intent and causation.
Harmful/Offensive Contact = Objective Standard
No need to prove damages.
Assault
Acts/Conduct giving rise to a reasonable apprehension of immediate harmful or offensive contact with the plaintiff’s person, with intent and causation.
Words alone are not enough.
Fear does not = apprehension
No need to prove damages.
False Imprisonment
Act/Omission that restrain plaintiff to bound place with intent and causation.
Time contained is immaterial.
Future threats or moral pressures are insufficient to confine.
Plaintiff must know of confinement or be harmed by it.
Must be no Reasonable means of Escape Known to Plaintiff.
No need to prove damages.
Intentional Infliction of Emotion Distress
Act/Conduct amounting to extreme and outrageous conduct, with intent or recklessness and causation.
Actual Damages Must Be Proven
Transcends all bound of decency tolerated in a decent society.