Intentional Torts to the Person Flashcards
(38 cards)
1
Q
What are the Intentional Torts to the Person
A
- Battery
- Assault
- False Imprisonment
- IIED
2
Q
PFC for battery
A
-
ACT - direct or indirect - by the D that will bring about harmful or offensive contact to the P - direct or indirect
- Contact is with P’s person - anything connected to P …purse, clothing, body
- INTENT of D to bring about the harmful or offensive contact to P’s person
- CAUSATION
It is not necessary to show that the defendant intended to cause injury or harm by that _contact_. Only need to show that D intended to set something in motion to cause injury or harm to P. The contact need not be brought about by a direct application of force. It is sufficient if the defendant sets something in motion which ultimately produces unpermitted touching, such as putting poison or other deleterious ingredients in the plaintiff’s food.
3
Q
What damages can be recovered for battery
A
- actual - not necessary to show
- nominal - if actual arent recovered
- punitive - for malicious conduct
4
Q
PFC for assault
A
-
ACT: D’s act creates reasonable apprehension in P of immediate battery (harmful** or **offensive contact) to P’s person
- aka fear is something that a reasonable person would foresee as being harmful to them
- INTENT to bring about this reasonable apprehension in P of an immediate battery
- Causation
5
Q
fear in regards to assault:
A
not required, P just needs to be aware that touch is imminent
6
Q
What is needed to show apprehension for assault
A
P aware that touch is imminent
7
Q
Is fear of imminent assault enough to establish a reasonable apprehension in P (and thus charge someone with assault)?
A
YES!
8
Q
Are words enough to commit assault?
A
NO! need words + conduct!
9
Q
What can words defeat in terms of assault
A
reasonable apprehension/immediacy on part of the D
ie D says I will hit you tomorrow defeats P’s apprehension because act not immediate
10
Q
What damages can P recover for assault
A
- actual - not necessary to show
- nominal - if actual arent recovered
- punitive - for malicious conduct
11
Q
PFC for False Imprisonment
A
- ACT: D commits an act of constraint or refinement of P and P confined to bounded area - P aware of confinement or harmed by it
- Intent to confine
- Causation
12
Q
List
Sufficient acts of restraint for FI include:
A
- Physical barriers
- Physical force against P, immediate fam, or personal property (ie bag)
- Direct threats of force
- Indirect
- Indirect or implied threats of force
- Failure to release the P when under legal duty to do so
- Invalid use of legal authority (ie false arrest)
13
Q
The act of restraints only counts for which type of intentional tort
A
False Imprisonment
14
Q
List (2)
Insufficient acts of restraints for FI include
A
- moral pressure
- future threats
15
Q
What is not considered a reasonable way out
A
- Dangerous
- Disgusting
- Humiliating
- Hidden
16
Q
What damages are available for false imprisonment
A
- actual, not necessary to show
- nominal, when cant get actual
- punitive, malice
17
Q
PFC for IIED
A
-
Act - by D amounting to extreme and outrageous conduct
- NOTE: only a tort if the conduct is extremely outrageous
- Intent - D intentionally (purposeful or knowledgeable) or recklessly (reckless disregard of the risk causing P the IIED) causes P severe emotional distress
- Causation - severe emotional distress
- Damages - actual damages; severe emotional distress is enough, do not need physical damage
18
Q
IIED
Conduct is outrageous when
A
“exceeds all bounds of decency tolerated in a civilized society”
19
Q
list (2)
What counts as “Severe emotional distress”
A
- fright and outrage were intense or prolonged OR
- ex - scared for months
- suffered bodily harm
- experiencing a heart attack upon hearing the threat
20
Q
list (3)
For the tort of IIED the severity of the emotional distress depends on:
A
- the intensity and duration of the distress
- the egregiousness of the defendant’s conduct -AND-
- the presence of bodily harm.
21
Q
List (3)
Conduct becomes outrageous when:
A
- Continuous in nature
- Committed by a certain type of D (ie common carriers, innkeepers may be liable even for mere gross insults
- Directed towards a certain type of P (kids, elderly, pregnant, supersensitive adults )
- have to know person is pregnant
- doesnt matter if D knows person is supersensitive
22
Q
What intent is needed for IIED
A
reckless is enough
23
Q
What types of damages can be collected for IIED
A
actual damages are required
physical injury NOT required severe emotional distress is enough
24
Q
PFC for bystander in IIED
A
- meet PFC for IIED -OR-
- Bystander was
- present when injury occurred
- distress results in bodily harm to -AND-
- Bystander -or-
- bodily harm to P and P is a close relative of bystander;
- D knew these facts
25
A private person may make an arrest without a warrant if
a felony has been committed and he reasonably believes that the person confined is the felon.
26
A father enrolled his seven-year-old son in an older level baseball league by falsifying his son’s age. During a ball game, the father was infuriated when his son was called out on strikes and shouted in a loud voice, “Kill the ump!” The son, who was still holding his bat, swung it at the umpire and hit him in the arm.
In an action by the umpire against the father for battery, will the umpire prevail?
No, because the father did not intend to commit a battery against the umpire.
27
A private citizen may make a felony arrest without a warrant:
Only if a felony has in fact been committed and the citizen has reasonable grounds for believing that the person arrested has committed it.
28
Which of the following constitutes **sufficient** confinement for false imprisonment?
A - A threat of future harm against the plaintiff’s family
B -Reasonable restraint of a suspected shoplifter
C- An indirect threat of force against the plaintiff’s property
C- An indirect threat of force against the plaintiff’s property
29
A prima facie case for intentional infliction of emotional distress requires
proof of extreme and outrageous conduct.
30
For a prima facie case of assault, _________ will satisfy the element of apprehension.
A - Threat of future contact
B - An apparent ability to act
C - Words alone
An apparent ability to act will satisfy the element of apprehension in a prima facie case of assault. To establish a prima facie case of assault, the plaintiff must prove there was an act by the defendant that created a reasonable apprehension in the plaintiff of immediate harmful or offensive contact
31
For an intentional tort, the intent element may be satisfied:
If the actor’s goal is to bring about certain consequences or the actor knows with substantial certainty that certain consequences will result
32
A prima facie case for assault requires \_\_\_\_\_\_\_\_\_\_:
Awareness of the force set in motion by the defendant’s act
33
With regard to false imprisonment, **the _length_ of the confinement** is
**_IMMATERIAL_**.
34
A prima facie case for intentional tort liability requires proof of _________.
a volitional act
35
The defense of consent is **not** available if:
A The plaintiff consented due to threats of legal action.
B The plaintiff’s consent was induced by fraud as to a collateral matter.
C The plaintiff consented due to a mistake induced by the defendant.
D The plaintiff is not capable of consent because she is unconscious.
The plaintiff consented due to a mistake induced by the defendant.
36
A golfer and her instructor were playing golf in a foursome when the golfer became very annoyed with critical comments made by the instructor. To show the other golfers in the group how annoyed she was with her instructor, the golfer stood a few yards behind him while the instructor was teeing off and swung a club at him. The instructor, who was focusing on his shot, was not within range of the club but unfortunately the club slipped out of the golfer's hands and struck the instructor in the head, injuring him.
If the instructor brings a battery action against the golfer, will he recover?
A Yes, because the golfer acted intentionally and caused harmful contact to her instructor.
B Yes, because the golfer intended to cause the instructor reasonable apprehension of imminent harmful contact.
C No, because the golfer did not intend to cause harmful or offensive contact.
D No, unless the golfer acted unreasonably in swinging the club at her instructor.
C No, because the golfer did not intend to cause harmful or offensive contact.
The golfer will not be liable because she did not intend to cause harmful or offensive contact. The prima facie case for battery has the following elements: (i) an act by the defendant that brings about harmful or offensive contact to the plaintiff's person; (ii) intent on the part of the defendant to bring about harmful or offensive contact to the plaintiff's person; and (iii) causation. Here, the golfer did not have the **_intent_ to cause harmful or offensive contact.**
(A) is incorrect because even though the golfer had the intent to swing the club, she did not have the intent required for battery-to cause harmful or offensive contact to another.
37
doctrine of transferred intent
when D sets in motion the action which brings about the subsequent damage/harm they can be liable for the intentional tort
* for ex: D can be liable for battery even if initial intent was assault if D sets in motion the force to bring about the assault which then rises to a battery*
i. e. motorcyclist saw his classmate walking and wanted to scare her by driving the motorcycle towards her and then swerve away. As motorcyclist attempts to swerve, his tire blows and he ends up falling with his motorcycle on the classmate. Classmates sues for battery. Is the suit valid?
Yes because the motorcyclists intended to **scare** the classmate (assault). So here, the intent to **assault** ***transfers*** and becomes a battery for which the classmate can sue
38
Can a P recover humiliation damages under FI?
yes!
humiliation is an actual damage that P can recover for
