Week 2: Intentional Torts in Pharmacy

Question 1

What is Objective Evidence?

Answer 1

Appears to confirm in the mind of the observer that the defendant had in his mind the purpose of committing a tortuous act

Question 2

What is Assault?

Answer 2

The defendant’s intent to cause in the plaintiff a reasonable apprehension of an immediate contact of offensive contact. REQUIRES knowledge at the point of interaction

Question 3

What is Intentional Infliction of Emotional Distress (IIED)?

Answer 3

The defendant’s intent, demonstrating extreme and outrageous conduct, that cause the plaintiff to suffer severe mental distress

Question 4

What is Loss of Consortium?

Answer 4

Loss of conjugal fellowship of husband and wife, and the right of each to the company, cooperation, and aid of the other in every conjugal relation

Question 5

What is Express Consent?

Answer 5

The plaintiff clearly communicates his or her permission to perform a specific service, thus granting the defendant the right to act in performing that service

Question 6

What is Implied Consent?

Answer 6

The plaintiff’s conduct viewed by a reasonable person, would serve as evidence that the plaintiff permitted the defendant to act on the plaintiff’s behalf

Question 7

What is Consent as a Matter of Law?

Answer 7

Consent will exist as a matter of law if: 1) Under an emergency circumstance in order to prevent death or serious injury, 2) A reasonable person would be expected to consent under the circumstances, 3) There is no reason to believe that the plaintiff would not consent

Question 8

What must the plaintiff show in order for a battery to exist?

Answer 8

1) The defendant has an intent to cause the battery and/or 2) The degree of contact was either harmful or offensive