TORTS - INTENTIONAL Flashcards
(16 cards)
Battery Elements
(1) Actor makes contact with the victim
(2) Contact is either harmful or offensive
Battery: Harmful Contact
-Causes physical impairment
-Causes physical injury or illness
Battery: Offensive Contact
Contact that, under the circumstances, person of reasonable firmness cannot be expected to endure
3 Types of Battery Contact
(1) Direct contact (actor’s body contacts victim’s body)
(2) Indirect contact (actor’s body contacts item intimately connected to victim’s body)
(3) Remote contact (actor causes some item to contact victim’s body)
Assault Elements
(1) Actor’s overt physical act
(2) Puts victim in reasonable apprehension of
(3) Imminent battery
Assault: Reasonable Apprehension
-Does NOT require fear or that actor can/will carry out battery
-T/C makes victim’s subjective belief of imminent battery reasonable
Assault: Imminent
Means not subject to immediate delay
IIED Elements
(1) Actor intentionally or recklessly (conscious disregard for reasonable risk of causing severe emotional distress)
(2) Engages in extreme and outrageous conduct
(3) Which causes victim to suffer severe emotional distress (jx generally req objective manifestation ofdistress)
Assault + Battery Culpability Standard (Applies Generally to Torts)
Intent: actor acts with conscious objective to cause a result (purpose)
OR
substantial certainty their acts are virtually certain to cause a result
IIED: Extreme/Outrageous
-Conduct that exceeds the bounds of decency; is atrocious AND utterly intolerable in civilized society
≠ PTRI:
-Petty insults or indignities
-Trivial annoyances
-Rudeness
-Insolence
IIED: Extreme/Outrageous Factors
PAARRCE:
-public humiliation
-abuse of power
-abuse of relationship of trust/confidence
-racial/ethnic bias
-repeated and ongoing bx
-class (vulnerable class)
-exploits peculiar sensitivity
IIED: Severe Emotional Distress
Distress is severe if a person of reasonable firmness in the same position could not be expected to endure the conduct
False Imprisonment Elements
(1) Actor intentionally confines victim to a bounded area
(2) Victim is aware of the confinement or harmed by it.
False Imprisonment: Confined to Bounded Area
Confined to Bounded Area=
(1) the victim’s freedom of movement is restricted in all directions AND
(2) victim is not aware of a reasonable means of escape
Transferred Intent Doctrine
Intent requirement is satisfied if actor intends to commit tort against one victim, but commits a different tort against that victim or the intended or a different tort against someone else
False Imprisonment: Confined to Bounded Area Factors
PROTHD:
-Physical Restraint or Obstacle
-Threats
-Humiliation (prospect of severe embarrassment or humiliation)
-Duress
≠ mere moral pressure or persuasion
