Intentional Torts

Battery

An act intending a harmful or offensive contact AND a harmful or offensive contact occurs.

Battery – Act

A volitional/willful movement.

Battery – Intent

Desire or purpose to bring about a particular result OR knowing with substantial certainty that a result will occur.

Battery – Harm

Any physical impairment of the condition of another's body that is detrimental.

Battery – Offensive

Bodily contact that offends a reasonable sense of personal dignity based on the time and place in which the contact occurred. Objective test.

Battery – Contact

1. Body-to-body contact

Battery – Transferred Intent

D commits a battery of Person B when D intended to batter Person A.

Assault

An act intending apprehension of an imminent harmful or offensive contact AND anticipation of an imminent harmful or offensive contact occurs.

Assault – Act

A volitional/willful movement.

Assault – Intent

D intended/desired or was substantially certain that apprehension of imminent harmful or offensive contact would result.

Assault – Apprehension

Anticipation or awareness of an imminent harmful or offensive contact.

Assault – Imminent

The exact moment D is in a position to reach P OR P reasonably assumes D is in a position to reach P.

Assault – Conditional Threat

Threatening harm unless P behaves in a certain way in the future. Because the harm depends on something happening in the future

Assault – Transferred Intent

Intent can transfer between assault and battery. If D intends an assault but causes a battery

False Imprisonment

False imprisonment occurs when 1. D intended to confine P

False Imprisonment – Intent

Conscious purpose or desire to confine P. P must show D intended the confinement; negligence is insufficient.

False Imprisonment – Consciousness/Harm

P must be conscious of the confinement OR otherwise harmed by it.

False Imprisonment – Complete Confinement

There is no reasonable means of escape and the boundaries are fixed by D.

False Imprisonment – Consent

P knowingly and freely agrees to the confinement.

False Imprisonment – Privilege

Confinement is legally justified. Privileged confinement defeats false imprisonment.

False Imprisonment – Shopkeeper's Privilege

A store owner or worker may temporarily detain a person reasonably believed to have taken goods when 1. There is reasonable suspicion

False Imprisonment – Transferred Intent

If D intends to falsely imprison one person but D's act instead or additionally confines another person

IIED

Outrageous conduct with intention to cause severe emotional distress AND emotional distress results.

IIED – Outrageousness

Conduct that is so extreme it is regarded as atrocious. Outrageousness is an objective test.

IIED – Intent

D intended to cause P's severe emotional distress. Intent uses the same definition as battery or assault.

IIED – Severe Emotional Distress

Emotional distress so severe that no reasonable person could endure it.

IIED – Causation

P must establish that severe emotional distress occurred as a consequence of D's outrageous conduct.

RIED

Outrageous conduct that recklessly causes severe emotional distress AND emotional distress results.

RIED – Outrageousness

Conduct that is so extreme it is regarded as atrocious. Outrageousness is an objective test.

RIED – Recklessness

Intentionally or consciously disregarding a risk that you will cause someone emotional distress.

RIED – Elements of Recklessness

1. D did not desire the harm or know with substantial certainty it would occur but consciously disregarded the risk of harm

RIED – Severe Emotional Distress

Emotional distress so severe that no reasonable person could endure it.

RIED – Causation

P's severe emotional distress must result from D's outrageous conduct.