basics- intentional torts to person

Question 1

How to establish intent

Answer 1

Either Purpose OR knowledge of substantial certainty

There can be transferred intent- Between defendants or torts

Question 2

Extended liability rule

Answer 2

Liability extends to all damages caused. not just what was intended or foreseeable
thin skull plaintiff

Question 3

limitless causation rule

Answer 3

tortfeasor typically liable for all the harm caused by tortious conduct whether or not harm was foreseeable

Question 4

What is battery?

Answer 4

Intentional, unconsented to contact w/ another

Question 5

What are the elements of battery?

Answer 5

1. Act
2. Intent to touch (intent to make contact, intent to harm and offend)
3. AND harmful or offensive contact occurs

Question 6

What is offensive contact?

Answer 6

objective- if it offends a reasonable sense of personal dignity

subjective- if D has knowledge that contact will offend P (however, unless D is aware, we do not take hyper-sensitivities into account)

Question 7

Extended personality rule

Answer 7

In battery- contact can be with w/ an object P is touching (so long as the circumstances are reasonable to apply then rule)

• Knocking something out of someone’s hands can be battery
• D doesn’t need to touch P directly (e.g. throwing a shoe can be battery)

Question 8

What is assault?

Answer 8

Defendant commits an act that puts the plaintiff in apprehension of an imminent harmful or offensive touching (so basically apprehension of battery)

Question 9

What are the elements of assault?

Answer 9

1. Act
2. Intent to create an
3. imminent apprehension
   - Imminent: conduct will occur w/out significant delay
4. apprehension
   - apprehension: intentionally creating an anticipation of battery (ps: you need to be awake to apprehend duh)
   - conditional language not usually assault, but if it is coupled w/ tortious conduct, then sure)
5. of harmful or offensive touching

Question 10

What are the elements of false imprisonment?

Answer 10

1. Intentional act to
2. Confine
   -p must be aware of confinement at the time or suffer
   actual harm, physical restraint not necessary
3. Without lawful privilege
4. Against consent
5. Within a limited space
   -generally size of confined area doesn’t affect
   existence of the tort
6. For an appreciable time, however short (can be seconds)

Question 11

What are the elements of intentional infliction of emotional distress?

Answer 11

1. extreme or outrageous conduct (v high standard to meet- must go beyond bounds of decency)
2. intent to cause OR disregard of substantial probability of causing severe emotional distress (recklessness)
3. causal connection
4. Severe emotional distress

note: intent to cause = intends both the act and consequences
disregard subs. prob =
- subjective: D knows that there’s a high prob that ED will follow
- objective: D doesn’t know there’s a high prob that ED will follow, but knows of facts that would lead a reasonable person to realize the high probability

Question 12

Third party recovery

Answer 12

Bystander liability- under restatement 3rd, close family members (immediate family) who contemporaneously perceive the event may recover under IIED

-exception for terrorism bc it’s an IIED by its very nature

Question 13

dual intent

Answer 13

Majority rule- intent to make contact and intent to cause harm or offend

Question 14

single intent

Answer 14

minority- only need the intent to touch

Question 15

in a single and dual intent state, what would happen? you tap them on the shoulder and break their back?

Answer 15

single state: guilty of battery

dual intent state: not guilty bc they didn’t have the intent to harm or offend when they touched them