Module 2 - Intentional Torts to the Person

What are the two key elements of battery?

(1) Harmful or offensive contact, (2) Contact must be with the plaintiff's person.

How is contact considered offensive in a battery claim?

Contact is offensive if it would be considered offensive to a reasonable person. Unpermitted contact is generally offensive.

Can the plaintiff recover damages in a battery claim if no actual injury is shown?

Yes, the plaintiff can recover nominal damages even if actual damages aren't proved. Punitive damages may be awarded for malicious conduct.

What are the key elements of assault?

(1) Act by the defendant creating reasonable apprehension in the plaintiff, (2) Of an immediate battery (harmful or offensive contact).

Is fear required for a valid assault claim?

No, apprehension shouldn't be confused with fear. A reasonable apprehension of contact is sufficient for assault.

Are words alone enough to constitute an assault?

No, words alone are not enough. They must be coupled with conduct, but words can negate apprehension if they indicate no intent to act.

What are the key elements of false imprisonment?

(1) An act or omission that confines or restrains the plaintiff, (2) The plaintiff must be confined to a bounded area.

Does time of confinement matter in a false imprisonment claim?

No, the duration of the confinement is irrelevant as long as the plaintiff is confined.

Sufficient acts of restraint include:

Physical barriers

Physical force directed against the plaintiff, immediate family, or personal property (for example, confiscating the plaintiff's purse)

Direct threats of force

Indirect or implied threats of force

Failure to release the plaintiff when under a legal duty to do so (for example, a taxi driver refusing to let a customer out)

Invalid use of legal authority (for example, false arrest)

What is required for an area to be considered bounded in a false imprisonment claim?

Freedom of movement must be limited in all directions, and there must be no reasonable means of escape known to the plaintiff.

What are the key elements of Intentional Infliction of Emotional Distress (IIED)?

(1) Extreme and outrageous conduct by the defendant, (2) Severe emotional distress suffered by the plaintiff.

Is physical injury required to recover for Intentional Infliction of Emotional Distress?

No, proof of physical injury is not required, but the plaintiff must show severe emotional distress.

In bystander cases of IIED, what must the plaintiff prove if the conduct is directed at a third person?

The plaintiff must show that they were present when the injury occurred, suffered bodily harm or are a close relative, and the defendant knew these facts.