Page 3 Flashcards
If the plaintiff isn’t aware of his confinement at the time of restraint, has false imprisonment occurred?
Not unless he was injured
If the means of escape requires the plaintiff to be heroic, endure excessive embarrassment, or risk harm, is he required to take it in order to not be falsely imprisoned?
No
If there is a reasonable means of escape, but the plaintiff wasn’t aware of it, has false imprisonment occurred?
Yes
Can a threat of reputational harm be enough for false imprisonment?
No
Does the plaintiff have a duty to search out a means of escape for false imprisonment?
No
Must the plaintiff risk harm to himself or property in trying to escape for false imprisonment?
No
Must the plaintiff comply with conditional demands of the defendant in order to escape false imprisonment?
No
What are the possible damages for false imprisonment?
Recovery can happen even if the plaintiff doesn’t suffer any special damages, and punitive damages can also be given
Can a plaintiff recover for escape injuries under false imprisonment?
Yes, because false imprisonment invites escape, so any injury that happened during a reasonable escape attempt is recoverable, but not for unreasonable escape attempt injuries
What is an example of an unreasonable escape attempt for false imprisonment?
Crawling out of a bus window while the bus is moving
What is the shopkeeper’s privilege?
You can detain someone for a reasonable time to conduct a reasonable investigation if there is a reasonable suspicion that the person has shoplifted
Are mistakes allowed under the shopkeeper’s privilege?
Yes, as long as they are reasonable
What is intentional infliction of emotional distress?
A volitional act done with the requisite intent (to cause severe distress or recklessly disregarded that it might happen) which amounts to extreme and outrageous conduct and causes the plaintiff to suffer severe emotional distress
Does transferred intent apply to IIED?
No
If only nominal damages occur, is IIED available?
No, this is the only tort that requires actual damage
What is the volitional act required for IIED?
Extreme and outrageous conduct that exceeds all bounds of decent behavior
What are some examples of extreme and outrageous conduct?
- insults in public
- bullying tactics of a landlord
- deliberately killing a person’s dog
- racial epithets from employers
- insurance company refusing to settle claim quickly
Can insults, annoyances, and petty indignities count for IIED?
No
What is the common carrier exception for IIED?
Common carriers and public utilities are liable for gross insults that wouldn’t otherwise be actionable
What is the intent element of IIED?
- intent to cause severe emotional distress
- substantial certainty of causing emotional distress
- recklessness or deliberate disregard of a high probability of causing emotional distress
How is recklessness considered the intent for IIED?
Knowing the risks or facts and failing to take precautions
How is causation treated for IIED?
But for the defendant’s conduct, the severe distress wouldn’t of happened
What are some situations for IIED where the particular vulnerability of the P or the relationship to the D are important?
These situations are considered outrageous:
- cruelty to the OLD, YOUNG, or the ILL
- cruelty in superior – subordinate relationships
- cruelty when the defendant has knowledge of the plaintiff’s HYPERSENSITIVITY
Can words alone be enough for IIED?
Yes
Would harassment about gender, race, or insults be extreme enough for IIED?
Not unless they show a pattern of harassment
What types of people are held to a higher standard for IIED?
Common carriers, innkeepers, and people in positions of authority
Is physical injury required for IIED?
Early cases said yes, but modernly no
Is mild distress enough for IIED?
No, the distress must be severe
Must there be proof that the plaintiff suffered severe mental distress for IIED?
Yes, but generally physical manifestations are not necessary
What are some examples of proof of severe emotional distress for IIED?
Physiological manifestations like:
- depression
- nightmares
- anxiety
- medical treatment
- impairment of day-to-day functioning
What is the best way to determine if emotional distress has been severe enough for IIED?
Looking at the totality of the circumstances instead of each isolated incident
How can you be liable for infliction of emotional distress to members of the plaintiff’s family for IIED?
If the plaintiff was present and defendant knew of their presence and that it was substantially certain to hurt the family member, or defendant was at least reckless toward the plaintiff
If the plaintiff is a corporation, can IIED apply?
No
How does the egg shell psyche relate to IIED?
If the defendant knew of the plaintiff’s fragile condition, he’s liable even if his conduct wouldn’t have caused a reasonable person to be distressed
If you were exercising your legal rights, can you be liable for IIED?
No, filing for divorce or firing an employee can cause emotional distress but do not count for the tort
What groups are protected by the First Amendment from IIED?
Communicative media and religious exercises
If an answer choice on the exam says “recover based on IIED,” that is probably what?
A distractor answer and a more severe tort is involved like assault, FI, or battery
What are defenses to IIED?
First amendment or free exercise of religion
Are good faith or reasonable mistakes defenses to IIED?
No
When can the First Amendment be a defense to IIED?
If allowing the suit would curb the D’s freedom of speech and press or his free exercise of religion
If a church is the defendant and the act is a religious activity, can IIED be actionable?
No, because of the free exercise clause of religion, so Jehovah’s Witnesses can shun a church member
What is trespass to land?
Volitional entry onto plaintiff’s land done with the requisite intent which causes a substantial and unreasonable interference with the plaintiff’s use and enjoyment of the land
Does transferred intent apply to trespass to land?
Yes
What is included in the plaintiff’s interest in his land?
The surface of the land, the earth beneath the surface, and airspace directly above it
Who can bring a trespass to land suit?
Anyone in possession of the land, like an owner, or a tenant
What is the voluntary act required for trespass to land?
- entering the land of another
- causing a thing/3rd person to enter or remain on the land
- failing to remove something from the land that the defendant is under a duty to remove
If someone pushes you onto another person’s land, is that a trespass?
No, because it wasn’t a volitional act and you didn’t intend entry (but the pusher can be a trespassor)
What is required for intent to enter land for trespass?
Actual or substantial certainty
How can you prove intent to enter land for trespass?
Through circumstantial evidence
What do you have to prove for intent for trespass?
The defendant intended the act that resulted in the trespass
Is mistake a defense to trespass to land?
No
If someone tells you land is his and gives you permission to drive on it, but it was actually someone else’s land, what is the liability?
- the guy trespassed because he caused you to enter the land
- you trespassed because you intended to enter
