Torts - intentional torts w/ personal injury

Question 1

general requirements for intentional tort

Answer 1

1- voluntary act

2- D’s intent and D knows consequence is substantially certain

Question 2

battery

Answer 2

1- harmful or offensive contact - objective std, no actual harm required
2- to persons of another or anything connected thereto
3- causation - direct or indirect
4- D’s intent - includes transferred intent
5- punitive damages available if D acted w/ malice (VA)

Question 3

assault

Answer 3

1- conduct or other circumstances (mere words NOT sufficient)
2- cause P to have reasonable apprehension and awareness of D’s acts
3- imminent threat of harm
4- D’s intent - includes transferred intent

Question 4

intentional infliction of emotional distress (IIED)

Answer 4

1- intent or recklessness - includes transferred intent between victims but NOT between torts
2- extreme and outrageous conduct by D beyond human decency
3- 3rd party victim - distresses member of victim’s immediate family w/ or w/ out resulting bodily injury or other bystander resulting in bodily injury
4- causation - substantial factor test
5- damages - severe emotional distress beyond reasonable person’s endurance or D knows of plaintiff’s heightened sensitivity
BURDEN OF PERSUASION - clear and convincing evidence (VA)

Question 5

false imprisonment

Answer 5

1- intent to illegally restrain another’s personal freedom
2- methods of confinement - physical barrier, force, threats, invalid use of legal authority, duress, failure to provide means of escape
3- time immaterial except as to amount of damages
4- D’s intent evidenced by purposeful act or knowing confinement is substantially certain
5- actual damages only required if P was unaware of the confinement
BURDEN OF PERSUASION SHIFT - once P demonstrates prima facie case, burden shifts to D to show restraint was legal or justified

Question 6

shop keeper’s privilege

Answer 6

shop keeper may reasonably detain suspected shoplifter and not be liable for false imprisonment