Torts MEE and Trickies

Question 1

Battery

Answer 1

(1) intentional (desire to bring about the harm/contact or knowledge harm/contact is substantially certain to occur)
(2) harmful or offensive contact (that offends a reasonable sense of personal dignity)
(3) with the P’s person (including anything connected to P).

Question 2

Assault

Answer 2

(1) intentional act,

Intentional = (a) for the purpose of causing such apprehension; OR (b) with knowledge to a substantial certainty that the apprehension will result.

(2) that causes P to be placed in reasonable apprehension

Reasonable Apprehension = P must be aware of D’s act AND believe D is able to commit the act.

(3) of an imminent harmful or offensive contact with P’s person.

*Nominal damages alone are sufficient.

Question 3

False Imprisonment

Answer 3

(1) D acts (or fails to act)
(2) w/ the intent to
(a) purposely bringing about the confinement; OR (b) knowing the confinement is substantially certain to occur
(3) confine or restrain P to a bounded area (w/no reasonable means of escape)

Restraint = physical force or through threats

(5) actual confinement occurs
(6) P knows of the confinement or is hurt by it

Question 4

IIED

Answer 4

(1) intentional or reckless conduct
(2) that was extreme and outrageous (transcends all bounds of societal decency),
(3) that causes extreme emotional distress (causation), AND
(4) P actually suffers severe emotional distress (damages).

If conduct is directed at a third-party - D is liable for intentional/reckless infliction of emotional caused to: (a) a member of such person’s immediate family present at the time; OR (b) any other person present, if it results in bodily harm.

Intentional = desires to inflict severe emotional distress or knows substantially certain to result

Reckless = a deliberate disregard of a high risk that emotional distress will follow