Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Torts > Intentional Torts to the Person > Flashcards

Intentional Torts to the Person Flashcards

1
Q

remember ** in addition to the key testable elements of a tort, what else must intentional torts require proof of?

A

(1) intent
(2) causation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

what are the elements for the tort of “battery”

A

(1) harmful or offensive contact
(2) contact must be with the Plaintiff’s person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

what is (1) harmful or offensive contact? re: battery

A

contact is HARMFUL IF it causes actual injury, pain, or disfigurement.

contact is OFFENSIVE if it would be considered offensive to a reasonable person AND only if it has not been permitted or consented to

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

when will consent (re: offensive contact in battery) be implied to be consented to?

A

in ordinary contacts of everyday life (i.e. minor bumping on a crowded bus)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

what type of damages can a person recovery for a ‘battery’ claim?

A

for a battery claim - a Plaintiff can recover NOMINAL DAMAGES even if actual damages aren’t proved

plaintiff may also recover PUNITIVE damages for malicious conduct

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

what are the elements of assault?

A

(1) act by the defendant creating a REASONABLE APPREHENSION in the plaintiff
(2) of an IMMEDIATE BATTERY (harmful or offensive contact to the plaintiff’s person)
(3) intent
(4) causation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

‘reasonable apprehension’

A

the apprehension of harmful or offensive contact must be reasonable. Courts generally won’t protect a plaintiff against exaggerated fears of contact

**don’t confuse apprehension for ‘fear’ or ‘intimidation’

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

how can ‘apprehension’ be shown?

A

for apprehension to be shown - the Plaintiff must have been aware of the threat from the defendant’s act, although the plaintiff need not be aware of the defendant’s identity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

is ‘apparent ability’ sufficient to cause ‘reasonable apprehension’?

A

if the defendant has te apparent ability to commit a battery, this will be enough to cause a reasonable apprehension

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

what are the effect of words?

A

generally - word ALONE are NOT enough (for D to be liable - the words must be coupled with conduct)

HOWEVER - words can NEGATE reasonable apprehension (i.e. D shakes their fist but states that they are not going to strike the P)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

when must the ‘reasonable apprehension’ happen?

A

it must be IMMEDIATE. The P must be apprehensive that they are about to become the victim of an IMMEDIATE battery

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

what type of damages can a P recover for an assault?

A

the plaintiff can recover NOMINAL damages even if actual damages are not proved

Malicious conduct may permit recovery of PUNITIVE damages

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

what are the elements of FALSE IMPRISONMENT?

A

(1) an act or omission on the part of the defendant that CONFINES OR RESTRAINS the plaintiff;
(2) the plaintiff must be confined to a BOUNDED AREA

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What types of acts constitute ‘restraint’?

A

sufficient acts of restraint include:
a) physical barriers
b) physical force directed against eh plaintiff, immediate family, or personal property (i.e. confiscating P’s purse)
c) direct threats of force
d) indirect or implied threats of force
e) failure to release the Plaintiff when under a legal duty to do so (i..e taxi driver not letting customer out)
f) invalid use of legal authority (i.e. false arrest)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

what are examples of insufficient acts of restraint?

A

a) moral pressure
b) FUTURE threats

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

how long must the confinement be?

A

it is IRRELEVANT how short the period of confinement is

17
Q

what type of ‘awareness’ must P have of the confinement?

A

the p must KNOW of the confinement OR be HARMED by it

18
Q

what is a ‘bounded’ area?

A

for an area to be “bounded” - freedom of movement must be limited in ALL DIRECTIONS.

There must be no REASONABLE means of escape KNOWN to the P

19
Q

what are the elements of “intentional infliction of emotional distress”?

A

(1) an act by the defendant amounting to EXTREME AND OUTRAGEOUS CONDUCT
(2) the Plaintiff must suffer SEVERE emotional distress

19
Q

what is the requisite intent for IIED?

A

unlike for other intentional torts, RECKLESSNESS as to the effect of the D’s conduct will satisfy the intent requirement

19
Q

what constitutes ‘extreme and outrageous conduct’?

A

“extreme and outrageous conduct” is conduct that transcends all bounds of decency. Conduct that is not normally outrageous may become so if:
a) it is CONTINOUS in nature
b) it is committed by a CERTAIN TYPE OF DEFENDANT (common carriers or innkeepers may be liable even for mere ‘gross insults’) or
c) it is directed toward a CERTAIN TYPE OF PLAINTIFF (children, elderly persons, someone who is pregnant, supersensitive adults if the sensitivities are known to the defendant)

19
Q

what are the elements of “intentional infliction of emotional distress”?

A

(1) an act by the defendant amounting to EXTREME AND OUTRAGEOUS CONDUCT
(2) the Plaintiff must suffer SEVERE emotional distress

20
Q

what constitutes ‘extreme and outrageous conduct’?

A

“extreme and outrageous conduct” is conduct that transcends all bounds of decency. Conduct that is not normally outrageous may become so if:
a) it is CONTINOUS in nature
b) it is committed by a CERTAIN TYPE OF DEFENDANT (common carriers or innkeepers may be liable even for mere ‘gross insults’) or
c) it is directed toward a CERTAIN TYPE OF PLAINTIFF (children, elderly persons, someone who is pregnant, supersensitive adults if the sensitivities are known to the defendant)

20
Q

what is the requisite intent for IIED?

A
20
Q

what type of damages can the P recover for ‘false imprisonment’?

A

the P can recover:
(1) nominal damages even if actual damages are not proved
(2) actual damages
(3) punitive damages may be recovered if the defendant acted maliciously

21
Q

what type of damages can a P recover from IIED?

A

(1) actual damages (severe emotional distress), nOT nominal damages are required
– proof of physical injury generally not required
– the more outrageous the conduct, the less proof of damages is required

22
Q

what about bystander cases IIED?

A

when the defendant’s conduct is directed at a THIRD PERSON, and the PLAINTIFF suffers severe emotional distress because of it: the Plaintiff may recover by showing EITHER
a) the prima facie case of emotional distress; OR

b) (1) they were present when the injury occurred
(2) the distress resulted in bodily harm or the plaintiff is a close relative of the third person; and
(3) the defendant knew these facts

23
Q

what are the 4 types of intentional torts to the person?

A

1) Battery
2) Assault
3) False Imprisonment
4) Intentional Infliction of Emotional Distress

Torts (16 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions