Intentional torts Flashcards
assault
reasonable apprehension of imminent harmful or offensive bodily contact
battery
harmful or offensive contact
offensive contact battery
if plaintiff is hypersensitive + defendant knows this > offensive contact
battery + assault punitive damages
if defendant acted outrageously / with malice
IIED
extreme or outrageous conduct causing severe emotional distress (no physical injury required)
IIED intent
intend to cause severe emotional distress / reckless with respect to risk
no transferred intent
IIED extreme / outrageous conduct
defendant in position of authority or influence
IIED 3rd parties
victim’s immediate family member w/o bodily injury
or
bystander w/ bodily injury
IIED causation
substantial factor
IIED severe emotional distress
if plaintiff is hypersensitive + defendant knows this > severe emotional distress
False imprisonment
restrict movement / confine
+
plaintiff must be aware / harmed
False imprisonment intent
act with intent to confine / restrict
or
knowing confinement / restriction substantially likely
(just negligence gets you off the hook for false imprisonment)
Express consent
consent by mistake is valid defense for defendant unless defendant knew of mistake / took advantage of it
consent by fraud =/= valid defense
lack of capacity can destroy intent (drunk, youth, incompetent)
implied consent
emergencies / sporting events
privilege of arreste
may use reasonable force to make arrest if there has actually been a felony + reasonable belief as to who committed the felony
police officer need only reasonable belief as to felony taking place
if misdemeanor, must be breach of peace
