Torts Flashcards
1
Q
Key Elements:
Battery
A
- Harmful or offensive contact
- With P’s person
2
Q
What is offensive contact?
A
“unpermitted” contaact
Contact that P did not consent to
Note: consent implied for ordinary contacts of everyday life
3
Q
Requirements for P to establish prima facie case of intentional torts:
A
- Act by D
- Intent by D
- Causation to P by D’s act
4
Q
Key Elements:
False Imprisonment
A
- An act or omission by D
- That confines or restrains P
- To a bounded area
5
Q
Key Elements:
Assault
A
- Act by D
- Causing P to feel reasonable apprehension
- Of an immediate battery
6
Q
Sufficient Acts of Restraint
A
- Physical barriers
- Physical force directed against P, P’s immediate family, or P’s personal property
- Direct threats of force
- Indirect or implied threats of force
- Failure to release P when under a legal duty to
- Invalid use of legal authority
7
Q
Insufficient Acts of Restraint
A
- Moral pressure
- Future threats
8
Q
What is a “bounded area”?
A
An area where P is unaware of any reasonable means to escape.
9
Q
A
