Causes of Action Flashcards
A claim for intentional inflection of emotion distress must assert that…
(1) The wrongdoer’s conduct was intentional or reckless;
(2) The conduct was outrageous or intolerable;
(3) There was a casual connection between the wrongdoer’s conduct and the resulting emotional distress; and
(4) The resulting emotional distress was severe.
In cases where a tortfeasor intentionally inflicted the emotional damage, in addition to traditional damages, the Plaintiff can recover…
damages for humiliation, embarassment, and similar harm to feeliings.
In cases where emotional distress was only negligently inflicted, there must be….
clear and convincing proof of a clear and unbroken chain of causal conneciton between the negligent act, the emotional distess, and the physical injury.
In Virginia, claims for IIED are…
not favored and closely scrutinized.
To satisfy the outrageousness requirement and survive a demurrer, Virginia courts have said that the Plaintiff bears the burden of…
alleging facts sufficient to reasonably infer the D’s conduct was so outrageous it is beyond all possible bounds of decency in a civilized community.
In general, claims for negligent infliction of emotional distress are…
not actionable unless the claim is accompanied by phyiscal injury.
The standards of proof in an NIED case are that…
negligence must be proved by the greater weight of the evidence and causation of injury must be proved by clear and convincing evidence.
Virginia law is in the minority of states that do not allow recovery for solely emotional distess experienced by bystanders in close proximity to the injury or death of another – rather, a Plaintiff must show…
that they suffered accompanying physical injury resulting from the emotional disturbance or distress.
In a claim for physical and emotional injuries related to the ejection of one’s pet from their vehiclem can the Plaintiff claim emotional damages?
No – under VA law, a pet is personal property. The Plaintiff would only be able to recover the diminution in the value of the property plus reasonable expenses.
Assault consists of…
(1) a voluntary act;
(2) intended to cause either a harmful o apprehension of contact with another person; and
(3) that causes reasonable apprehension of imminent contact in the other person.
Under the transferred intent doctrine…
the intent to commit an intention tort against one can be transferred to the person actually injured.
Battery consists of…
(1) a voluntry act; (2) intended to cause either harmful or offensive contact; (3) resulting in harmful or offensive contact to the person.
Can battery contact be indirect?
Yes.
E.g., a banana is thrown at someone but they duck to avoid it. While ducking, they fall backwards and fall on an object. This is indirect contact.
To succeed on a claim based on negligence per se, the Plaintiff must prove that….
(1) D violated a statute enacted for public safety;
(2) P belonged to the class of people for whose benefit the statute was enacted; and
(3) that the statuatory violation was a proximate cause of his injury.
To succeed on a claim for conversion, the Plaintiff must show that…
(1) P has the right to possess the personal property;
(2) the D intentionally interfered with P’s personal property;
(3) the interference deprived P of her possession or use of the property; and
(4) the interference caused P damage.
