Torts (Midterm cards)

Battery macro and micro definitions? Subjective and Objective components (define)

Macro rule - An act intending a harmful or offensive contact and an offensive or harmful contact occurs.

Act - Volitional/willful movement

Intent - acting with conscious purpose/desire to cause a particular result or acting with substantial certainty that the result will occur

Harm - physical impairment of the human body that cause detrimental change

Offensive - Contact that offends a reasonable sense of personal dignity; contact may be disagreeable, nauseating, painful, insulting, or an affront to ordinary sensibilities

Contact - body to body physical touching, physical contact with the extension of another body, setting in motion an object that physically contacts a persons body

Intent is subjective (looks at the individuals state of mind and beliefs)

Harm / Offensiveness is objective (what a reasonable person would consider)

Assault macro and micro definitions? Subjective and Objective components (define)

Macro rule - An act intending apprehension of an imminent harmful or offensive contact and apprehension of an imminent harmful or offensive contact occurs

Act - volitional movement

Intent - acting with conscious purpose or desire to cause an imminent harmful or offensive contact or substantial certainty that an imminent harmful or offensive contact will occur

Apprehension - anticipation of a harmful or offensive contact

Imminent - occurring immediately, right now, with no delay

Harmful - physical impairment of the human body that causes detrimental change

Offensive - contact that offends a reasonable sense of personal dignity

Contact - body to body physical touching, physical contact with the extension of another body, setting in motion an object that physically contacts a persons body

Intent - subjective (looks at the individual’s state of mind or belief

imminent harmful or offensive contact is objective (what a reasonable person would consider)

IIED

Outrageous conduct intending to cause severe emotional distress or recklessly causing emotional distress and emotional distress occurs

Outrageous - conduct so extreme is it considered atrocious

Intent - acting with conscious purpose or desire to cause emotional distress or substantial certainty that emotional distress will occur

Severe emotional distress is conduct no reasonable person could endure it. Requires proof that the plaintiff experienced severe emotional distress as a result of the conduct

RIED

Extreme or outrageous conduct where D consciously disregards substantial risk of causing severe emotional distress

Conscious disregard - D does not necessarily desire harm but knows it is substantially certain

Severe ED - distress no reasonable person would be expected to endure

False Imprisonment

False imprisonment occurs when
D intentionally confines P
P is conscious of the confinement or otherwise harmed by it
the confinement is complete
P did not consent, and the confinement is not privileged

• Intent = conscious purpose/desire to confine P; negligence is insufficient.

• Awareness/harm = P must either know they are confined OR be harmed by the confinement.

• Complete confinement = no reasonable means of escape; boundaries are fixed by D.

• Reasonable escape = an available means of escape defeats complete confinement if it is safe and reasonable.

• Consent = P knowingly and freely agrees to the confinement.

• Privilege = lawful justification for confinement.

• Shopkeeper's privilege = detention based on reasonable suspicion, for a reasonable time, and in a reasonable manner.

• Transferred intent = intent to confine one person transfers if D's act confines another person. Torts Notes