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Intentional Torts Involving Personal Injury Flashcards

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1
Q

What are the elements of an intentional Tort?

A
  1. Vol. Act by Defendant
  2. Intent
    • Specific OR
    • General
  3. Causation
  4. Damages
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2
Q

What is a voluntary act?

A

An action that is conscious or willed

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3
Q

What establishes Specific intent for intentional torts?

A

D acts with the specific purpose (goal) of bringing about a particular result

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4
Q

What establishes general intent for Intentional Torts?

A

D acts with knowledge to a substantial cert. that these consequences will result

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5
Q

What is transferred Intent?

A

Intent to commit a specific tort against a specific pers. is transfered to the tort actually committed or to the person actual harmed

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6
Q

What Intentional Torts is Transferred intent applicable to?

A
  1. Battery
  2. Assault
  3. False Imprisonment
  4. Trespass to Chattels
  5. Trespass to Land
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7
Q

What satisfies the causation element in intentional torts?

A

D’s act must be a substantial factor in bringing about plaintiff’s injury

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8
Q

What is the impact of proximate cause on intentional torts?

A

Proximate cause doesn’t factor in because of the extended consequences rule

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9
Q

What is the extended consequences rule?

A

D is resp. for all consequences flowing from an int. tort

  • Whether foreseeable or not
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10
Q

Are children liable for their intentional torts ?

A

Yes, when they have the intent required for the tort

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11
Q

Are parents liable for thier childrens intentional torts?

A

No, parents aren’t directly liable

  • unless directed by statute
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12
Q

What is a battery?

A

Int. infliction of harmful or offensive bodily contact

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13
Q

Battery Elements

A
  1. Intentional Infliction
  2. Bodily Contact
  3. Harmful or offensive contact
  4. to plaintiff’s person
  5. Causation

Actual Damages NOT required - can recover nominal damages & punitive (if acted with malice)

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14
Q

Battery - Intentional Infliction - Specific Intent

A

Specific purpose of inflicting a harmful or offensive contact

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15
Q

Battery - Intentional Infliction - General Intent

A

Knowledge to a subt. cert. that contact will be harmful or offensive

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16
Q

Battery - Contact to the person of another

A

Contact can be direct or indirect

  • Indirect - battery caused by something that was put in motion by the D
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17
Q

Battery- Offensive Contact

A

Reas. Prudent Person Std.

  • Would it offend a reasonable person?
  • Would a reas. pers. consent to the contact?
    • Implied consent for ord. contacts of everyday life that wouldn’t offend a reas. pers.
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18
Q

Battery - Harmful Contact

A

The contact inflicts any physical discomfort to P

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19
Q

Battery - Person of another

A

Includes anything the victim is holding, touching, connected to

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20
Q

What is Assault?

A

Intentional creation of reasonable apprehension of harmful or offensive bodily contact

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21
Q

Assault Elements

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A
  1. Intentional Act by Defendant
  2. Reasonable Apprehension of Imminent Battery AND
  3. Causation

Actual damages are not required - P can recover nominal damages & punitive (if D acted with malice)

22
Q

Assault - Specific Intent

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A
  1. Intent to create apprehension (intent to commit the assault)
  2. Intent to Make Harmful or Offensive contact (Intent to commit Battery)
23
Q

Assault - Reasonable Apprehension of Imm. Battery

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A

Measured by Victims Perspective

  • Apprehension - Knowledge of imminent harmful or offensive contact
    • NOT fear
24
Q

Assault - Words Alone

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A

Not enough for an assault b/c words lack immediacy

  • Must be an overt act by the Defendant
25
Assault - Future Threats
No imminence so no assault
26
Assault - Conditional Threats
Where D threatens harm only if vic. doesnt obey D's demands * Sufficient for assault liability unlesss: * D has a legal right to compel the vic. to perf. the action OR * Cond. expressly negates the D's intent to harm the vic. * "if you werent a girl I would snap your neck"
27
What is False Imprisonment ?
Intentional Infliction of a confinement where the vic. has knowledge of or is harmed by the confinement
28
False Imprisonment Elements
1. Intentional Act or Omission 2. That confines or restrains P to bounded area 3. P has knowledge or is harmed by confinement AND 4. Causation Actual Damages not required - P can recover nominal or punitive (if acted w/ malice)
29
False Imprisonment - Intent
1. Specific Intent to confine the victim OR 2. With knowledge to substantial cert. that her actions or inaction will confine the vic
30
False Imprisonment - Confined to bounded area
Vic is held within certain limits * Bounded Area - P movement confined in all directions & no reas. means of escape known to the vic or that the vic. can reas. discover * No time limit - no specific duration of confinement req * Any amount of tiem is OK
31
False Imprisonment - When is there never a reasonable means of escape ?
If there is any risk of harm to the P, including risk of embarassment
32
Means Sufficient for False Imprisonment
* FI can be carried out by: * phys. force, * phys. barrier, * credible or reas. threat of force, * failure to release where there is an affirm. duty to release or * invalid assertion of legal Authority. * Future Threats or Moral Pressure - Not sufficient acts of restraint
33
False Imprisonment - What is the validity of False Imprisonment claim if the P was not aware that the P was being confined?
If the Plantiff is unaware, P can only get damages if they are harmed by the confinement
34
False Imprisonment - What is the validity of claim if the P is aware that the P is being confined?
P can get damages regardless of it a harm is suffered
35
What is Intentional Infliction of Emotional Distress ?
Intentional or reckless infliction of severe emotional or mental distress by extreme and outrageous conduct
36
IIED - Elements
1. Intentional or Reckless Infliction 2. Severe Emotional or Mental Distress 3. By extreme or Outrageous Conduct 4. Actual Damages AND 5. Causation
37
IIED - Intent
* Specific Intent - ▵ acts w/ the specific desire to cause emot. distress in the vic. OR * Gen. Intent - ▵ knows that severe emot. distress is subst. certain to result from his actions OR * D acted in a conscious disregard of high degree of likelihood that emotional distress will be inflicted
38
IIED - Severe Emotion or Mental Distess
Vic must actually suffer severe mental or emot. distress * Severe - Emot. dist. of such subst. quantity or enduring quality that no reas. pers. in a civilized society should be expected to endure it
39
IIED - Extreme & Outrageous Conduct
Conduct that goes beyond all possible bounds of decency so as to be regarded as atrocious & utterly intolerable in a civilized community * Would cause an avg. member of the community to immed. react in outrage
40
IIED - When does insulting language qualify for IIED extreme & Outragous Conduct
1. D is an innkeeper or common carrier 2. D knows of P's particular susceptibility or 3. D is in position of auth. & uses racial or ethnic insults against someone who is an underling
41
IIED - Harm to Third Parties
∏ can recover for int. inflic. of emot. dist. for harm caused by ▵ to 3d P by either: * Bystander who is present at the time of the conduct * Defendant is aware of their presences AND * The distress results in bodily injury * Immed. Family Member & Present When Injury Occurred
42
What are the 3 remedies available for intentional torts?
1. Legal remedies: damages 2. Equitable remedies: Injunction 3. Restitution: Prevent unjust enrichment
43
How does mental incompetency impact an intent requirement?
The fact that D is mentally incompetent or is a minor * Doesn't preclude a finding that he possessed the intent to commit an intentional tort * BUT it may affect whether such intent actually existed
44
Battery - Consent
No battery if Plaintiff consented to the act * Either express or by participating in an event or situation
45
Battery - Causation
Act must in fact result in contact of a harmful or offensive nature * D who sets in motion a chain of events that causes contact with P (direct or indirect) is liable
46
Battery - Damages
No proof of actual harm required * Thin skill Rule - D is not required to foresee the extent of the damages in order to be held liable
47
IIED - What is the effect if the Plaintiff is hypersensitive?
No liability unless D knew of the plaintiff's heightened sensitivity
48
IIED - Extreme & Outragous Conduct What factors are considered?
Factors Considered - Conduct not norm. considered ext. & out. may become so if: 1. Pattern of Conduct - continuous & repetitive conduct not just an isolated incident 2. ▵ Owed Vic. Fiduciary Duty (employer/ee)(Doctor-patient) 3. Use of Racial Epithets 4. Conduct directed at Vulnerable Victims (kids, elderly, pregnant women, supersensitive vic. if sensitivity known to ▵)
49
What is the merger doctrine in intentional torts ?
There is no merger doctrine * D can be sued for each COA in which the elements are met
50
IIED - Extreme & Outragous Conduct What is NOT considered Extreme & Outragous
Not Extreme & Outrageous Conduct - Mere insults, indignities, threats, annoyances, petty oppressions

Torts (18 decks)

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