Intentional Torts to the Person Flashcards
Battery Elements
(1) Harmful or offensive contact (2) to P’s person (3) Intent and (4) Causation
Definition of intent
Intent may be either a goal to bring about the specific consequences or in general “actor knows with substantial certainty that these consequences will occur.
Transfered Intent
when D intends to commit a tort against one person but instead commits a different tort against that person OR commits the same tort as intented but against a dif person OR commits a dif tort against a dif person.
Assault - Elements
(1) Act by D creating reasonable apprehension in P (2) of Immediate harmful or offensive contact to P’s person (3) Intent AND (4) Causation
Assault - Reasonable apprehension
only knowledge. Not necessarily fear.
Assault - Words
Alone are not Sufficient but words alone can negate an action
False Imprisonment Elements
(1) Act or omission on the part of the D that confines or restrains P (2) to a bounded area (3) Intent and (4) causation
False Imprisonment - Methods of False Imprisonment
Physical barriers, physical force, threats of force, failure to release, and invalid use of authority.
False Imprisonment - Bounded area
An area is NOT bounded if there is a reasonable means of escape or exit/entry that the P can reasonably discover. (cannot be hidden, dangerous, disgusting or humiliating)
Intentional Infliction of Emotional Distress (IIED) - Elements
(1) extreme and outrageous conduct (2) intent or recklessness (3) causation AND (4) damages - severe emotional distress.
IIED - Extreme and Outrageous Conduct Definition
Conduct that transcends all bounds of decency. Conduct that is not normally outrageous may become so if it is: (1) continuous (2) directed at a fragile class of persons (kids, elderly, preggo), (3) it is committed by a certain type of D (common carriers, inkeepers)
IIED - Requisite Intent
Recklessness will satisfy the intent requirement unlike in other intentional torts.
IIED - Damages
Actual damages (severe emotional distress) required. IIED is the only intentional tort to the person that requires damages!!!**
IIED - Causation in Bystander Cases
Bystander P may recover by showing (1) she was present when injury occurred (2) she is a close relative of the injured person and (3) the D knew of 1 and 2.
