Ch 1: Intentional Torts Involving Personal Injury Flashcards
(14 cards)
What are the three elements required to prove every intentional tort?
Requisite mental state, tortious conduct, causation
The requisite mental state must be intentional or, in some cases, reckless.
What is the doctrine of transferred intent?
Requisite intent exists when the defendant intended to commit one intentional tort but committed a different one, or intended to commit a tort against a third party but harmed the plaintiff instead
Examples include intending battery but committing assault.
What does battery require under the majority single-intent rule?
The defendant must intend to cause contact with the plaintiff or anything connected to the plaintiff’s person
The contact must cause bodily harm or be offensive.
What is considered offensive contact in battery?
If a reasonable person would think it is offensive or if the defendant knows it is highly offensive to the plaintiff’s sense of dignity
This includes both objective and subjective tests.
What must the defendant intend in order to establish assault?
To cause the plaintiff to anticipate imminent harmful or offensive contact
Actual contact is not required, but the plaintiff must be aware of the defendant’s conduct.
What is the requirement for the anticipated contact in assault?
The anticipated contact must be harmful or offensive
Threats of future harm do not usually meet the imminent requirement.
What are the key elements of Intentional Infliction of Emotional Distress (IIED)?
Extreme and outrageous conduct that intentionally or recklessly causes severe emotional distress
The conduct must exceed the limits of human decency.
What must public figures prove to recover for IIED based on publication?
Falsity and actual malice
This is a higher standard than for private plaintiffs.
Can private plaintiffs recover for IIED involving speech on public concern?
No, unless the speech is not protected by the First Amendment
This limits recovery for emotional distress in public matters.
Under what conditions can a defendant be liable for emotional distress to a victim’s family members?
If the defendant intentionally or recklessly harms a victim and the family members witness the conduct
If the defendant’s purpose was to upset a third party, that third party can recover without witnessing the conduct.
What must be established for causation in IIED cases?
The defendant’s actions must be the factual cause of the plaintiff’s distress
The distress must be severe beyond what a reasonable person could handle.
What are the elements required to prove false imprisonment?
Intent to confine, causation of confinement, and consciousness of confinement
Confinement can occur through various methods like physical barriers or threats.
What methods can constitute confinement in false imprisonment?
Physical barriers, force, threats, legal authority, duress, failure to provide a means of escape
The length of confinement can affect damages but is not essential for proof.
Is proof of actual damages required for false imprisonment?
Typically not required, but some jurisdictions may require it if the plaintiff is unaware of the confinement
Nominal and punitive damages can often be recovered without actual damages.
