Intentional Torts Involving Personal Injury Flashcards
Four Main Intentional Torts Involving Personal Injury
(1) Battery
(2) Assault
(3) IIED
(4) False Imprisonment
Transferred Intent
When the intent to commit one tort satisfies the required intent for a different tort
Battery: Elements
4
(1) Harmful or offensive contact
(2) To the person of another
(3) Causation
(4) Intent
Battery: Damages
No proof of actual harm is required
P can recover NOMINAL DAMAGES
Assault: Definition
Act or threat by D intended to cause apprehension of imminent harm or offensive bodily contact
Assault: Elements
(1) Conduct or other circumstances (words typically not enough)
(2) P must have reasonable apprehension and awareness of D’s act or threat
(3) Imminent threat of harm
(4) Intent
Assault: Damages
No proof of actual damages required
P can recover NOMINAL DAMAGES
Intentional Infliction of Emotional Distress (IIED): Definition
D intentionally or recklessly engages in extreme and outrageous conduct that causes P severe emotional distress
IIED: Damages
P must prove severe emotional distress beyond what a reasonable person should endure
False Imprisonment: Elements
(1) D intends to confine or restrain another within boundaries;
(2) Confinement; and
(3) P is conscious of confinement or harmed by it
False Imprisonment: Methods of Confinement
(1) Physical barriers
(2) Threats
(3) Invalid use of legal authority
(4) Duress
(5) Failure to provide means of escape
False Imprisonment: Time of Confinement
Immaterial except as to amount of damages
False Imprisonment: Damages
P can recover NOMINAL damages
ACTUAL damages if P was unaware of confinement
Shopkeeper’s Privilege
Reasonable detention of suspected shoplifter
