Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
4 Cards in this Set
- Front
- Back
|
Battery |
1. Intent 2. D commits harmful or offensive contact - unpermitted by ordinary person of reasonable sensitivity 3. Contact must be with P's person - anything P is touching or holding is considered part of P's person |
|
|
Assault |
1. Intent 2. D places P in reasonable apprehension = knowledge 3. Apprehension must be of an immediate battery - words alone lack immediacy - even with conduct, words may eliminate immediacy |
|
|
False Imprisonment |
1. Intent 2. D must commit an act of restraint - threat sufficient - omission can be restraint if preexisting duty - restraint only counts if P is aware of our is harmed by it 3. P must be confined to a bounded area - not bounded if there is a reasonable means of escape that P can reasonably discover * not reasonable if dangerous, disgusting, humiliating, etc. |
|
|
Intentional Infliction of Emotional Distress |
1. Doesn't have to be intentional, reckless disregard sufficient 2. D must engage in outrageous conduct = exceed all bound of decency tolerated by a civilized society - mere insults not outrageous - plus factors: repetitive, D is a common carrier/inn keeper, or P is a member of a fragile class 3. P must suffer severe distress |
