The Intentional Torts, Definitions, Factors, Defenses Flashcards
Def. of Battery
The intentional, unlawful, harmful or offensive, touching of another, whether direct or indirect, without justification or excuse
i. Direct: no agent
ii. Indirect: you have an agent
Public Policy of Battery
Public Policy
a. Protects bodily integrity !!!
b. Personal dignity
Requirements of Battery
a. Def. Committed the act intentionally
b. Def. reasonably foreseen (general or specific intent) that his act will bring about a harmful touching or injurious contact
c. Plantiff does not have to be consciously aware of the contact for a battery to occur
Rules of Battery
a. Touch must be either harmful or offensive
i. From the eyes of an objectively reasonable person
ii. ONLY argue one of the elements (harmful OR offensive) No pts if you argue both !!!
b. If person has known sensitivity, and you still act with intent ! Battery
c. Injury not required (offensive)
d. Awareness not required (doctors touch while patient under anesthesia)
e. The mere touching of another in anger is battery.
i.Typically you don’t have to
prove angry, rude, or insolent manner.
ii.Your motive does not negate intent
f. Touching others is often a result of “this busy world”
Without this, there would be a lawsuit for everything
g. One does not have to be consciously aware of the contact for a battery to occur!!
h. Contact may be satisfied by agency theory
i. Children's Privilege i. Children may not be liable if the touching is characteristic of children's activities & play
Define Touch as it relates to Battery
Accomplished by touching something DIRECTLY or INDIRECTLY intimately connected to that person
Indirect: using another party or object to commit a tort. Setting in motion a chain of events that brings
about harmful or offensive touching to another. (Ex. Shooting a gun, throwing a rock)
Direct: using my own body to commit a tort
If someone hits a plate out of your hand it is intimately connected it is therefore direct touching
(Ex. Punching in the face, knocking a plate out of someone’s hand because it is intimately
connected to their person
Define Agency Theory as it relates to Torts
Agency Theory:
one who uses an implement of something to accomplish a tort
Def. of Assault
Intentional, unlawful, placing of another in apprehension of imminent bodily contact with the apparent ability to carry out the contact
Requirements for Assualt
The key is that the person HAS to be in mental apprehension
- Apprehension is not fear, it is something less than fear
ii. Mental discomfort
iii. Seizing of the mind
AND
- Awareness
- Immediate Imminence
- No contact needed
AAIN (all assault is negative)
Rules for Assault
a. Leering and puckering is NOT assault
b. Mere preparation is not enough
i. Gathering sticks to hit people
ii.There must be more of an OVERT ACT
1. Extent of the activity
Apprehension and ABILITY to Follow through
Negations of Assault
i. Future threats must be an immediate threat
ii. Conditional Threats
1. Unless under unlawful condition or duress “$ or your life”
2. “I would punch you in the eye if you weren’t already blind in one eye”
iii.Words
1. Offensive words do not constitute assault unless
a. One is aware of another sensitivity and seeks to exploit it, then there is assault
b. Someone says look behind you, there is a clown and they know that you are
afraid of clowns, but there is not a clown really there
Assault and Apprehension
Mere apprehension is not enough, must have the ability to carry out the assault as well
Def. of False imprisonment
a. Intentional, unlawful, restraint of another to a bounded or confined area by force or threat of force, where one is aware of the confinement or harmed by it (w/out justification or excuse)
i. Awareness needs to be at the time of imprisonment
Public Policy considerations for False Imprisonment
your dignity is important
Your freedom to move about is important
Requirements for false imprisonment
a. Restraint of an individual against their will
b. Unlawfulness of such restraint
Rules for false imprisonment
a. π must be unaware of any and all reasonable existing escapes
b. π must indicate desire to leave
c. Majority Rule: FI if you are confined or harmed
d. Minority Rule: Awareness only
e. Scope:
i. A country is too vast for FI
ii. Only arises when one cannot leave and not if one cannot enter
iii. May occur if one has the duty to do so, but does not provide the means of leaving
f. Escape
i. If there is a means of escape and P is unaware, D is still liable
ii. Defendant is not liable if P takes dangerous means of escape and is injured, when able to remain in safe confinement
iii. D is liable if the P is injured in taking a dangerous means of escape if there is also danger in remaining in confinement
iv. If there is an unsafe means of a escape, the P does not have to take it, and D is still held liable g. Duress
i. You feel compelled & they put pressure on you that you feel you cannot leave
ii. Rules
1. Restraint needn’t be physical
2. Keeping valuable property–>Duress
