Torts against persons Flashcards
Battery Rule
D causes harmful or offensive contact with P’s person or something closely connected to P
Battery intent
D must either:
▪ desire to cause an immediate harmful or offensive contact; or
▪ knows that such contact is substantially certain to occur.
Battery: definition of harmful or offensive conduct
▪ Inflict pain or impair any function of the body.
▪ Offensive to a reasonable person.
Unoffensive = unpermitted
Doesn’t need to actually touch»_space; food poisoning example
For Battery, does p need to be aware of conduct?
NO (different from assault)
Defense to Battery
Consent
For Battery, does P need to prove injury?
No, will get compensatory damages just by showing the elements.
Assault Rule
D intentionally causes P to be in reasonable apprehension of an imminent harmful or offensive contact.
Assault intent
D must:
▪ act with the desire to cause an immediate harmful or offensive contact or the apprehension of such contact, or
▪ know that such a result is substantially certain to result.
Assault: Reasonable Apprehension
objective standard.
▪ A reasonable person in the same position as P would have experienced the same apprehension.
▪ If the apprehension is reasonable, it doesn’t matter whether D could actually carry out the threat. For instance, brandishing an unloaded gun can still be assault.
Assault: Imminent Battery
Battery must be able to occur almost instantly.
EXAMPLE: If Dracula says he will come back tomorrow to suck your blood, it is not an assault.
Can words negate assault intent?
Yes - “If it weren’t a tort, I would punch you in the face.”»_space; no intent
Can words alone create an assault?
Rarely
False Imprisonment Rule
D intentionally causes P to be confined to a bounded area against P’s will and P knows of the confinement or is injured by it.
False Imprisonment Intent
D desires to confine or restrain P in a bounded area, or
knows that such confinement is virtually certain to result.
False Imprisonment: Confinement in a Bounded Area
Confinement can consist of: Physical barriers, threats of force, failing to release P after duty to release arises, or the invalid assertion of legal authority.
False Imprisonment: Confinement Duration
No duration requirement. A very brief confinement will suffice.
False Imprisonment: Confinement and means of escape
If P has actual knowledge of a reasonable means of escape, then there is no confinement and no liability.
Reasonable means of escape
means no threat of harm to P or property. The means of escape can’t expose P to risk of embarrassment.
EXAMPLE: If there is an open window on the first floor and P knows about it, there is no confinement. If there is an open window on the third floor and P would have to jump and risk injury, this is not a reasonable means of escape.
EXAMPLE: Don takes all of Susan’s clothes and leaves her in the middle of the woods. Because Susan does not have a reasonable means of escape, Don has falsely imprisoned her.
False Imprisonment: Against P’s Will
Consent is a defense.
EXAMPLE: Paul is apprehended by an undercover store detective. He is taken to a back room to wait while the detective calls the police. Paul says he will wait for the police and then threatens to sue for false imprisonment but cannot because he has consented to the confinement.
If P is aware of confinement
P is entitled to any damages the jury finds appropriate.
If P is unaware of confinement
P can only claim damages if injured by the confinement
Intentional Infliction of Emotional Distress (IIED) Rule
D engages in an intentional or reckless act amounting to extreme and outrageous conduct that causes P severe emotional distress.
IIED - Intentional Definition
D acts with desire to cause severe emotional distress or knows that such severe emotional distress is virtually certain to occur.
EXAMPLE: Dora had an ongoing feud with Pamela. Dora calls Pamela, disguises her voice and says “This is General Hospital. Your child has just been rushed to the emergency room.” Pamela suffers severe emotional distress. Dora has the intent for IIED because it was her goal to cause emotional distress.
IIED - Recklessness Definition
D acts in conscious disregard of a high degree of probability that emotional distress will follow.
EXAMPLE: Dora is at the hospital and walks by the check-in desk where she overhears a discussion and thinks that one of the nurses is saying that Pamela’s child has been rushed to the emergency room. Dora calls Pamela and conveys this information. This would suffice for IIED because it would be a form of recklessness.
IIED: Extreme and Outrageous Conduct Definition
▪ Conduct exceeds all bounds tolerated by civilized society.
IIED: Extreme and Outrageous Conduct - Is offensive or insulting language enough?
Generally, no. EXCEPT when:
● D is a common carrier/innkeeper;
● D knows of P’s particular sensitivity; or
● D is an authority figure using racial/ethnic slurs against a subordinate.
IIED: Severe Emotional Distress
meaning greater than a reasonable person (objective test) would be expected to endure.
▪ Must be substantial/long lasting as opposed to trivial/transitory.
IIED: Severe Emotional Distress - is physical injury required?
NO - P does not have to prove physical injury, but distress must be severe
IIED in VA
VA does not favor cause of action for IIED
● For IIED claim to survive demurrer- P must allege all necessary facts and provide factual support for each element of cause of action
● cannot be used to prohibit economic damage to P’s business
VA Crime of Computer Trespass
when one interferes with a CP or CP data or uses CP to cause injury to property of another
● Can recover actual damages and cost of civil suit - regardless of whether D acted w/ malicious intent
Battery Contact Timing
Does not need to be instantaneous *ie. harmful pranks, food poisoning
False Imprisonment - Omission to act?
Can be act of restraint IF there was a pre-existing duty to the plaintiff
e.g. cabin crew does not help physically disabled woman leave plane; paramedic fails to unlock ambulance
Hallmarks of Outrageous Conduct
(1) Conduct is continuous/repetitive/happens frequently
e.g. continued harassment, debt collectors making abusive threats
Most comonly tested
(2) Common carriers/innkeepers as defendants- much more likely to treat conduct as outrageous (e.g. airlines & hotels)
»> duty to be kind towards customers. Intentional distress is outrageous
e.g. motel keeper telling person too ugly for vacant room
(3) Plaintiff is a member of a fragile class of persons
3 fragile classes:
- Children
- Elderly people
- Pregnant women- D must know woman is pregnant
(4) D’s decision to target fragile classes is outrageous
It is always outrageous to target behavior that is…
a known emotional sensitivity the plaintiff suffers from
To prove he suffered from severe emotional distress, must the plaintiff offer any particular evidence?
No - doesn’t need not offer any particular ev of severe distress
No need to prove lost wages, physical impact, psychiatrist, etc… all valid but not required
Could just testify in a conclusory fashion “I was severely distressed”
On the exam, the severe emotional distress element is often…
negated in the fact pattern.
e.g. “p was mildly annoyed by course of conduct so they sued for intentional infliction of emotional distress”.
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