Torts

Front 1

Battery

Back 1

-act by D with intent to inflict harmful or offensive conduct
-harmful or offensive touching occurs
-D's act was the cause

Front 2

Intent

Back 2

-determined by whether D acted with the desire to cause the result or with the belief that the result was substantially certain to occur (subjective)

Front 3

Harmful or Offensive

Back 3

-touching must involve contact with P's person or something closely associated with P.
-harmful if injures, disfigures, or impairs the body
-offensive if it would offend a reasonable person's sense of dignity no eggshell P
-P need not have knowledge of the touching at the time thereof

Front 4

Causation (battery)

Back 4

-D's conduct must directly or indirectly bring about the injury. setting in motion the force that causes the touching suffices

Front 5

Damages (battery)

Back 5

-actual damages not required; compensatory and punitive damages are recoverable

Front 6

Assault

Back 6

-act by D, intent to cause apprehension of immediate harmful or offensive touching, apprehension occurs, causation

Front 7

Apprehension

Back 7

-P must be placed in reasonable apprehension of imminent harmful or offensive touching of P's person and must be subjectively aware of the threat

Front 8

False imprisonment

Back 8

-act by D, intent to confine P to a specific area, confinement, causation

Front 9

Intent

Back 9

-desire or belief in substantial certainty test

Front 10

Confinement

Back 10

-P must be restricted to a limited area without knowledge of reasonable means of escape and must be aware of the confinement Test: is the area you're in smaller than the area you're allowed to go?

Front 11

Cause of Confinement

Back 11

(a) Physical force – exercised against P or a member of P’s family;
(b) Threats of immediate harm – to P, P’s property, or P’s family;
(c) Actual or apparent physical barriers – to escape (includes refusing to release P when under a duty to do so) or
(d) Assertion of legal authority – and P’s submission thereto – Coblyn v. Kennedy [old, frail man shopping … store (incorrectly) believed stole a tie … employees were intimidating and said he must come with them … man suffered heart attack … held: sufficient evidence of unlawful restraint to go to jury];.

Front 12

Intentional Infliction of Emotional Distress

Back 12

-extreme & outrageous conduct, intent to cause severe emotional distress, caustion, severe emotional distress results

Front 13

Act by D (IIED)

Back 13

-D's act is extreme and outrageous, words alone may suffice, but insults aren't actionable

Front 14

Intent (IIED)

Back 14

-D must intend to cause severe emotional distress. however, reckless conduct suffices and intent is transferred where D knows P is particularly sensative

Front 15

Extension of liability (IIED)

Back 15

-D may be liable for emotional distress of the intended victim's family if present and D knew their presence whether or not physical harm
-Also includes emotional distress of any other person present, if distress results in bodily harm