Intentional Torts

  1. Battery
    Takes place when a person intentionally subjects another to non consensual harmful or offensive touching
  2. How to test offensive contact?
    A contact typically must offend a reasonable senses of personal dignity.
  3. Reasonable person standard
    A act is considered a battery if such would be considered offensive touch to a reasonable person
  4. Egg/Shell/Skull Rule
    You take the plaintiff as you find her when you commit an intentional tort; therefore, defendant is responsible for full result of damages.
  5. Substantial Certainty Test
    There must be substantial certainty that act will cause injury.
  6. True or False? You do not need to know the precise harm but as in this case there was substantial certainty that woman would fall)
    True
  7. Transferred intent doctrine When you commit an intentional tort you are
    responsible for the harm you caused even if your intention was not to harm that person.
  8. Assault
    occurs when a person intentionally places the other in fear of an imminent harmful or offensive touching
  9. The apprehension must be
    one which would normally be aroused in the mind of a reasonable person.
  10. T/F?
     A person cannot avoid liability for an assault by giving a choice of tortious alternatives.
    True
  11. False imprisonment
    False imprisonment occurs when one intentionally and without lawful privilege confines another within fixed boundaries for an appreciable time and the other is either aware of the confinement or is harmed by it.
  12. What is enough to constitute confinement?
    If one cannot safely escape
  13. Inflicted of emotional distress
    Occurs when another acts in an extreme and outrageous manner intending to cause (or in disregard of a substantial probability of causing) severe emotional distress and the conduct caused severe emotional distress.
  14. In determining whether certain conduct is extreme and outrageous courts consider?
    the context and the relationship between the parties.
  15. Factors needed to find a claim of infliction of intention?
    • 1. abuse of power;
    • 2. repeated conduct;
    • 3. knowledge of plaintiff's vulnerability.
Author
dwrght16
ID
352428
Card Set
Intentional Torts
Description
Tip torts exam
Updated