Page 2 Flashcards
If you intend to scare someone, but you end up punching them, what have you done?
Committed a battery
What is required for the intent element of battery?
Must either intend to cause immediate harmful/offensive contact, or intend to cause an immediate apprehension of that contact
What are the two different ways you can have intent for battery?
Desire to cause a touching, or believe it is substantially certain to result from your act
If you accidentally hit someone, is that a battery?
No, so you would need to look at strict liability or negligence
Must you intend harm for a battery?
No, you only have to intend contact
Does the contact have to be serious for a battery?
No, even minimal contact is okay
Who bears the risk of unforeseen harm arising from a battery?
Defendant
Does transferred intent apply to battery?
Yes
Do psychological affronts count for battery?
Yes
Does offensive contact have to be harmful for battery?
No
Does the plaintiff have to be conscious of the offensive contact at the time of the offense for battery?
No
How is the harmful or offensive element of battery determined?
According to the reasonable person, unless the defendant knows the plaintiff has a disability or susceptibility
What is the definition of harmful for battery?
Something that injures, disfigures, impairs, or causes pain to any bodily organ/function
What is the definition of offensive for battery?
Anything that would offend a reasonable person’s sense of personal dignity
How do you deal with a hypersensitive reaction for battery?
If the touching wouldn’t cause a reasonable person offense, but it does the P, the only way for defendant to be liable is if he knew of the plaintiff’s hypersensitivity and proceeded anyway
Must you make physical contact with the body of another for battery?
No, the contact can be with something closely connected to the body or setting something in motion
What are some examples of a battery that happens from contact with something closely connected to the body?
Knocking someone’s glasses off or their hat
What are some examples of setting something in motion that causes a battery?
- throwing a rock that hits the P
- blowing smoke in P’s face
- putting poison in P’s drink
If you come close to making contact with someone can that be a battery?
No
Is it possible to batter someone that is unconscious?
Yes, they don’t have to be aware of the touching at the time
If you know you have a venereal disease and your partner doesn’t know, do you commit a battery if you have sex with them without telling them?
Yes
When is a battery complete?
As soon as a harmful or offensive touching happens
What are the damages that are available for battery?
Compensatory, nominal, and punitive
What is the minimum damage you can recover for battery?
Nominal damages
What are compensatory damages?
Compensate for the harm suffered
What are the two types of compensatory damages?
General and special
What are general compensatory damages for battery?
Nonpecuniary damages such as:
- embarrassment
- disfigurement
- pain and suffering
What are special compensatory damages for battery?
Identifiable economic losses like:
- medical bills
- lost wages
What are punitive damages?
When defendant’s act is motivated by an intent to injure or harm the plaintiff
What are the factors to figure out if due process was violated by an excessive punitive damage fine?
- reprehensibility of conduct by defendant
- disparity between compensatory award and punitive award
- difference between the punitive award and possible criminal penalties
What is the general award cap for damages for intentional torts?
Courts strongly suggest that anything bigger than a ratio of 9 to 1 is unconstitutional
What is false imprisonment?
A volitional act done with requisite intent (to confine or restrain) that causes the plaintiff to be confined to a bounded area
How much time is necessary to prove false imprisonment?
Any amount is sufficient
Does transferred intent apply to false imprisonment?
Yes
What is the voluntary act element of false imprisonment?
Some act by the defendant the causes the confinement of the plaintiff
What is required for the intent element of false imprisonment?
Must be actual desire to confine or restrain or substantial certainty that it will occur
If you get locked in Target overnight, is that false imprisonment?
Probably not because you can’t prove the employees intended to lock you in
Do you have to be conscious of your confinement for false imprisonment?
Yes, or you have to get hurt by it
What is required for actual confinement for false imprisonment?
Must be restricted to a limited area without knowledge of a reasonable means of escape
What is required for physical barriers for false imprisonment?
Must be surrounded in all directions
What are some examples of physical barriers that would count for false imprisonment?
Fences, walls, something that would stop you from escaping like taking away your crutches, a ladder, or wheelchair
Can words alone be enough for false imprisonment?
Yes, if they are a threat of physical force
If you block one direction of a highway is that enough for false imprisonment?
No, because the person can go in other directions
If you get on a commercial plane or bus, what have you impliedly agreed to?
To abide by the rules of entrance and exit at scheduled stops only
Is it false imprisonment if a public bus won’t let you off at a nonscheduled stop?
No, because you impliedly agreed to abide by the rules of entrance and exit at scheduled stops only
What is the force or threat required for false imprisonment and who can it be directed at?
Must be immediate and can be directed at plaintiff, family, companions, or property
If the defendant grabbed your coat and you refused to leave without it, what has happened?
False imprisonment
If someone threatens you with injury tomorrow, is that false imprisonment?
No, because you can leave and get protection
Can the threat for false imprisonment be to their economic well-being?
No
How can false imprisonment happen with an omission to act?
If you have a duty to act, like if someone took you out on their boat and left you there
How can improper assertion of legal authority lead to false imprisonment?
If the arresting person isn’t privileged to act, they have committed false imprisonment
