Torts I Flashcards
Battery
A person is liable for battery if:
1. They intentd to cause a contact with the plaintiff’s person with such contact;
2. Their affirmative conduct causes such contact; and
3. The contact causes harm or is offensive to the plaintiff.
Assault
- The defendant intends to cause the plaintiff to anticipate an imminent and harmful or offensive contact with the plaintiff’s person; and
- The plaintiff was placed in imminent apprehension as a result of the defendant’s conduct.
- The defendant’s apparent ability to cause harm can be sufficient to place the plaintiff in anticipation of harm.
False Imprisonment
A defendant is subject to liability to a plaintiff for false imprisonment if:
1. The defendant intends to confine the plaintiff within a limited area;
2. The defendant’s conduct caused the plaintiff’s confinement;
3. The plaintiff is conscious of that confinement.
Transfered Intent
Exists when a defendant intends to commit an intentional tort against one person but instead commits the tort against a different person. Also exists when a person intends an assault but instead commits a battery.
Does Assault Merge With Battery?
No, in torts, assault does not merge with battery. You can be sued for both assault and battery.
(Battery) 1. They intend to cause a contact with the plaintiff’s person with such contact;
The intent required is the intent to make contact. It is not intent to do the act that leads to the contact, nor is it the intent to harm. Knowledge with substantial certainty that a contact will occur is sufficient. CA & some jurisdictions require “dual intent” meaning: (1) intent to make contact and (2) for the purpose of harm or offense.
(Battery) 2. Their affirmative conduct causes such contect; and
The conduct must be volitional and it is sufficient to make contact with something closely associated with the plaintiff (i.e. their clothes or a book they are holding).
(Battery) 3. The contact causes harm or is offensive to the plaintiff.
The test is what would be offensive to an ordinary person not unduly sensitive as to personal dignity. Bodily harm is not required.
Assault Requires Apprehension
Apprehension means anticipation. Assault does not require one to be in fear.
False Imprisonment
A defendant is subject to liability to a plaintiff for false imprisonment if:
1. The defendant intends to confine the plaintiff within a limited area,
2. The defendant’s conduct caused the plaintiff’s confinement, and
3. The plaintiff is conscious of that confinement.
(False Imprisonment) 2. The defendant’s conduct caused the plaintiff’s confinement,
Moral persuasion is insufficient to establish confinement. Confinement can occur as the result of false or improper legal authority. It is sufficient if the defendant fails to release the plaintiff from a confinement despite owing a duty to do so.
(False Imprisonment) 3. The plaintiff is conscious of that confinement.
The test is whether the plaintiff was conscious of the confinement as it was happening. A minority of jurisdictions allow recovery if the plaintiff was conscious of the confinement or was harmed by it. If there is a reasonable means of escape, there is no confinement.
Intentional Infliction of Emotional Distress
A defendant will be liable for IIED if they:
1. Intend to cause extreme and severe emotional distress upon the plaintiff, or knew with substantial certainty that the plaintiff would suffer severe emotional distress,
2. With conduct that is severe and outrageous, and
3. The plaintiff suffered severe and extreme emotional distress.
(IIED) 1. Intend to cause extreme and severe emotional distress upon the plaintiff, or knew with substantial certainty that the plaintiff would suffer severe emotional distress.
It is not the intent to do the act that leads to severe emotional distress. It is intent to cause severe emotional distress upon the plaintiff with the act. Some jurisdictions (CA included) require that the conduct be directed at the plaintiff with the plaintiff present (minority view).
(IIED) 2. With conduct that is extreme and outrageous, and
Conduct is extreme if it exceeds all possible limits of decency in a civilized society and is especially calculated to inflict severe and emotional distress. Mere insults and vulgarities will not suffice. The context and manner in which the conduct is directed at the plaintiff is to be considered.