Intentional Torts Flashcards
(21 cards)
Second Restatement of Torts
Section 13
Battery: Harmful Contact Restatement Section
Battery: Harmful Contact Restatement Definition
An actor is subject to liability to another for battery if:
(a) he acts intending to cause a harmful or offensive contact with the person of the other or a third person and
(b) a harmful contact with the person of the other directly or indirectly results
Second Restatement of Torts
Section 18
Battery: Offensive Contact Restatement Section
Battery: Offensive Contact
Restatement definition
An actor is subject to liability to another for battery if
(a) he acts intending to cause a harmful or offensive contact with the person of the other or a third person and
(b) an offensive contact with the person of the other directly or indirectly results
What must most jurisdictions prove for battery?
(1) there was intent to make contact
(2) there was intent for the contact to be harmful or offensive
Some jurisdictions only need to prove that the defendant intended to make contact.
What is an offensive contact?
A bodily contact is offensive if it offends a reasonable sense of personal dignity.
Substantial Certainty
Even if the actor did not intend the result, but knew with substantial certainty what the outcome of his/her actions would be.
Second Restatement of Torts
Section 21
Assault Restatement Section
Assault Restatement definition
An actor is subject to liability to another for assault if:
(a) he acts intending to cause a harmful or offensive contact with the person of the other or a third person, or an imminent apprehension of such a contact; and
(b) the other is thereby put in such imminent apprehension
What must you show to prove assault?
(1) the plaintiff must be aware of the imminent battery.
(2) The defendant had the present ability to carry out the battery
Second Restatement of Torts
Section 46
Outrageous Conduct Causing Severe Emotional Distress
Restatement Section
Outrageous Conduct Causing Severe Emotional Distress (Intentional Infliction of Emotional Distress) Definition
(1) One who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another is subject to liability for such emotional distress, and if bodily harm to the other results from it, for such bodily harm.
(2) Where such conduct is directed at a third person, the actor is subject to liability if he intentionally or recklessly causes severe emotional distress
(a) to a member of such person’s immediate family who is present at the time, whether or not such distress results in bodily harm, or
(b) to any other person who is present at the time, if such distress results in bodily harm.
Outrageous Conduct
Conduct must be so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.
So severe that no reasonable man could be expected to endure it.
Second Restatement of Torts
Section 35
False Imprisonment Restatement Section
False Imprisonment Definition
(1) An actor is subject to liability to another for false imprisonment if
(a) he acts intending to confine the other or a third person within boundaries fixed by the actor, and
(b) his act directly or indirectly results in such a confinement of the other, and
(c) the other is conscious of the confinement or is harmed by it.
Second Restatement of Torts
Section 36
What Constitutes Confinement Restatement Section
What Constitutes Confinement
(1) To make the actor liable for false imprisonment, the other’s confinement within the boundaries fixed by the actor must be complete
(2) The confinement is complete although there is a reasonable means of escape, unless the other knows of it.
(3) The actor does not become liable for false imprisonment by intentionally preventing another from going in a particular direction in which he has a right or privilege to go.
Minimum amount of time for confinement
None
Second Restatement of Torts
Section 158
Trespass to Land Restatement
Trespass to Land Definition
One is subject to liability to another for trespass, irrespective of whether he thereby causes harm to any legally protected interest of the other, if he intentionally
(a) enters land in the possession of the other, or causes a thing or a third person to do so; or
(b) remains on the land; or
(c) fails to remove from the land a thing which he is under a duty to remove.
What does Trespass to Land require?
Only that defendant intended to be present on the plaintiff’s land
