False Imprisonment
The intentional infliction of confinement without consent or justification.
What is False Imprisonment?
This tort requires behavior that goes "beyond all possible bounds of decency, atrocious, and is utterly intolerable in a civilized community."
What is Intentional or Reckless Infliction of Severe Emotional Distress (IIED)?
The majority view is that insane persons are this for their intentional and negligent torts.
What is "liable"?
In Alcorn v. Mitchell, the court awarded these damages after the defendant spit on the plaintiff in a courtroom to punish insulting behavior and preserve peace.
What are punitive (or vindictive) damages?
Unlike negligence, for intentional torts you do not need these to recover.
What are actual harm or damages?
A plaintiff does not have a duty to try an escape if it would be considered dangerous, humiliating, or this.
What is expensive?
Besides intent, a plaintiff can prove IIED by showing the defendant was aware of a large and unjustifiable risk but did it anyway, which is this mental state.
What is recklessness?
A policy reason for holding the insane liable is that it gives this to family members to protect others from them.
What is an incentive?
Ploof v. Putnam established that in an emergency, you have the privilege to enter the land of another, even with their objection.
What is the Doctrine of Necessity?
A person must believe an act may result in imminent contact unless prevented by self-defense or an outside force; this is different from fear.
What is apprehension?
The three elements of this privilege are detention for a reasonable manner, a reasonable time, and reasonable grounds for suspicion.
What is Shopkeeper’s Privilege?
A non-family member plaintiff who was present for outrageous conduct can only recover for IIED if they also suffered this
What is physical harm?
The privilege to enter the land of another if your life, health, or property is in danger
What is the Doctrine of Necessity?
In this case, a boat owner had to pay for damage to a dock he caused while saving his boat during a storm, illustrating the principle of private necessity.
What is Vincent v. Lake Erie Transportation Co.?
A legal philosophy that thinks of the greater good for society.
What is Utilitarianism?
The standard the court in Coblyn v. Kennedy’s Inc. used to evaluate a shopkeeper's detention of a 70-year-old man.
What is an objective standard?
This is considered extreme and outrageous, and a plaintiff could sue under Title VII without needing to prove severe emotional distress.
What is sexual harassment?
Under this doctrine, you are not liable for trespassing on another's land in an emergency, but you are liable for any damage you cause.
What is the Doctrine of Private Necessity?
The court in this case found an insane person liable for battering her nurse, establishing that mental disability is not a defense to intentional torts
What is McGuire v. Almy?
The reason an in-home nurse can sue an insane patient for battery, while a nurse in a mental hospital would have to file for workers' compensation.
What is the context of care (or assumption of risk in a professional setting)?
Unlike intentional false imprisonment, a plaintiff must show this to recover for negligent false imprisonment.
What are damages?
In Wilkinson v. Downton, the defendant's conduct of falsely telling the plaintiff her husband was severely injured in an accident was deemed this
What is extreme and outrageous behavior?
A person is not found liable for destroying someone's property if they are trying to save the community under this doctrine.
What is the Doctrine of Public Necessity?
In this creepy phone call case, the court ruled no assault occurred because there was no imminent threat and "mere words don't constitute an assault."
What is Brower v. Ackerly?
The two elements that must accompany words to constitute an assault.
What are a physical gesture and imminence?