Intentional Torts to the Person

Question 1

Battery Elements

Answer 1

(1) Harmful or offensive contact (2) to P’s person (3) Intent and (4) Causation

Question 2

Definition of intent

Answer 2

Intent may be either a goal to bring about the specific consequences or in general “actor knows with substantial certainty that these consequences will occur.

Question 3

Transfered Intent

Answer 3

when D intends to commit a tort against one person but instead commits a different tort against that person OR commits the same tort as intented but against a dif person OR commits a dif tort against a dif person.

Question 4

Assault - Elements

Answer 4

(1) Act by D creating reasonable apprehension in P (2) of Immediate harmful or offensive contact to P’s person (3) Intent AND (4) Causation

Question 5

Assault - Reasonable apprehension

Answer 5

only knowledge. Not necessarily fear.

Question 6

Assault - Words

Answer 6

Alone are not Sufficient but words alone can negate an action

Question 7

False Imprisonment Elements

Answer 7

(1) Act or omission on the part of the D that confines or restrains P (2) to a bounded area (3) Intent and (4) causation

Question 8

False Imprisonment - Methods of False Imprisonment

Answer 8

Physical barriers, physical force, threats of force, failure to release, and invalid use of authority.

Question 9

False Imprisonment - Bounded area

Answer 9

An area is NOT bounded if there is a reasonable means of escape or exit/entry that the P can reasonably discover. (cannot be hidden, dangerous, disgusting or humiliating)

Question 10

Intentional Infliction of Emotional Distress (IIED) - Elements

Answer 10

(1) extreme and outrageous conduct (2) intent or recklessness (3) causation AND (4) damages - severe emotional distress.

Question 11

IIED - Extreme and Outrageous Conduct Definition

Answer 11

Conduct that transcends all bounds of decency. Conduct that is not normally outrageous may become so if it is: (1) continuous (2) directed at a fragile class of persons (kids, elderly, preggo), (3) it is committed by a certain type of D (common carriers, inkeepers)

Question 12

IIED - Requisite Intent

Answer 12

Recklessness will satisfy the intent requirement unlike in other intentional torts.

Question 13

IIED - Damages

Answer 13

Actual damages (severe emotional distress) required. IIED is the only intentional tort to the person that requires damages!!!**

Question 14

IIED - Causation in Bystander Cases

Answer 14

Bystander P may recover by showing (1) she was present when injury occurred (2) she is a close relative of the injured person and (3) the D knew of 1 and 2.