Intentional Torts - Personal Injury

Question 1

In general, what 3 things does a P need to prove for an intentional tort?

Answer 1

1. Act
2. Intent
3. Causation

Question 2

Requirement of “act”

Answer 2

voluntary

Question 3

Intent definition

Answer 3

1. the actor acts with the purpose of causing the consequences
2. the actor knows that the consequence is substantially certain to follow

Question 4

Transferred intent - definition

Answer 4

when the intent to commit on tort satisfies the required intent for a different tort

Question 5

Battery - elements

Answer 5

1. harmful or offensive contact
2. to the person of another
3. Causation
4. Intent
5. Damages

Question 6

Harmful and offensive contact, objective or subjective?

Answer 6

Objective

Question 7

M/m rule on the intent element of battery

Answer 7

M: single-intent rule, D may be liable if D intends to bring about the contact (does NOT need to intend that the contact is harmful or offensive)

m: double-intent rule, D must intend to bring about a contact AND intend that the contact be harmful or offensive

Question 8

Does transferred intent apply to battery?

Answer 8

Yes

Question 9

Assault definition

Answer 9

act or threat by D intended to cause apprehension of imminent harm or offensive contact

Question 10

Assault elements

Answer 10

1. conduct or other circumstances
2. P must have reasonable apprehension and awareness of D’s act or threat
3. imminent threat of harm
4. intent

Question 11

Does transferred intent apply to assault?

Answer 11

Yes

Question 12

Are words enough for assault?

Answer 12

Generally no

if the D is able to carry out the threat imminently and takes action designed to put the victim in a state of apprehension, THEN there may be an assault

Question 13

Is proof of actual harm required for battery?

Answer 13

No, the plaintiff can recover nominal damages

Question 14

What is the eggshell plaintiff rule

Answer 14

a defendant is liable for all harm that flows from a battery EVEN if it is much worse than the defendant expected it to be

Question 15

When are punitive damages allowed for battery?

Answer 15

If the D acted

1. outrageously OR
2. with malice

Question 16

Intentional Infliction of Emotional Distress - elements

Answer 16

1. intent or recklessness
2. extreme and outrageous conduct by D
3. damages

Question 17

IIED - definition

Answer 17

the defendant intentionally or recklessly engages in extreme and outrageous conduct that causes the P severe emotional distress

Question 18

What are 2 circumstances where courts are more likely to find conduct or langue to be extreme or outrageous?

Answer 18

1. when D is in a position of authority or influence over the P OR
2. P is a member of a group that has a heightened sensitivity (children or elderly)

Question 19

Does transferred intent apply to IIED?

Answer 19

Depends

1. it does not apply when D intended to commit a DIFFERENT intentional tort against a DIFFERENT victim
2. MAY apply if D’s extreme conduct harms another

Question 20

What is extreme and outrageous conduct by D?

Answer 20

beyond human decency

Question 21

What do public figures have to show for IIED?

Answer 21

Must show

1. falsity and
2. acutal malice

Question 22

How do issues of public concern work with IIED?

Answer 22

Private P cannot recover if issue was of public concern

Question 23

Can 3rd parties recover under IIED?

Answer 23

Yes

1. distresses member of victim’s immediate family can, with or without bodily injury
2. other bystanders, need to have bodily injury

Question 24

What are sufficient damages for IIED

Answer 24

severe emotion distress

(a) beyond reasonable person’s endurance or
(b) D knowns of P’s heightened sensitivity

physical injury is NOT required

Question 25

Elements of False Imprisonment

Answer 25

1. intent to confine or restrain another within boundaries 2. confinement (direct or indirect) 2. victim is conscious of confinement OR harmed by it

Question 26

Does time matter for false imprisonment?

Answer 26

No, effects damages though

Question 27

Are actual damages required for false imprisonment?

Answer 27

Actual damages only necessary if P was unaware of confinement

Question 28

What is the Shopkeeper's Privilege?

Answer 28

It is the reasonable detention of a suspected shoplifter

Question 29

Could a court find false imprisonment when the D refused to perform a duty to help a person escape?

Answer 29

Yes, such as store clerk refusing to unlock dressing room - even though clerk did not cause the door to lock

Question 30

Does transferred intent apply to false imprisonment?

Answer 30

Yes