Intent
If D intends to hit A but hits B instead, this legal principle applies.
What is transferred intent?
Contact that’s indirect but still offensive or harmful can still satisfy this tort.
What is Battery?
Apprehension can be sensed through this, not just sight.
What are other senses, like sound.
Battery requires intent to cause this kind of contact or apprehension, and the contact must occur.
What is harmful or offensive contact?
Some jurisdictions require this in IIED claims, though not all.
What are physical symptoms?
Intent means not just the act, but this.
What is the desire for the consequences of the act?
What counts as harmful contact
Physical contact that injury, pain or physical impairment, can even be a slight injury (scratch/bruises)
True or False: The defendant must intend to make contact for it to be assault
What is False? (You only need to intend to cause apprehension, not actual contact.)
The actor must desire the consequences of the act OR actually know to a substantial certainty that their actions would cause a HARMFUL or OFFENSIVE contact
What is Intent?
Repeated or long-term behavior may make otherwise non-outrageous conduct meet this standard.
What is extreme and outrageous?
In this case, a child pulled a chair, and the court focused on whether he knew to a substantial certainty the woman would fall.
What is Garratt v. Dailey?
Contact is offensive if it offends this.
What is a reasonable sense of personal dignity? (physical injury is not required)
The plaintiff must be ___ of the imminent contact.
What is aware?
Assault requires intent to cause this or its apprehension.
What is harmful or offensive contact?
The court may consider this when evaluating severity (hint: workplace context).
What is the relationship between the parties?
This term means knowing the consequence is more likely than not.
What is substantial certainty?
Considered Contact
Can be something closely identified with the Plaintiff
Fisher-> The intentional snatching of an object from one's hand is an offensive invasion
In order for a plaintiff to claim assault, they must be ___ of the imminent harmful or offensive contact.
What is the plaintiff must be aware of the contact?
False imprisonment requires confinement and either ___ or ___ by the plaintiff.
What is awareness or harm?
A person with an initial physical injury who suffers emotional distress has this kind of claim.
What is parasitic emotional distress?
This is not a defense to intent, even if it's reasonable.
What is mistake of fact?
Single v Double Intent
Single--> The Defendant must intend to make contact with the Plaintiff and that contact must be harmful or offensive
Double--> The Defendant must intend to make contact with the Plaintiff AND INTEND for that contact to be harmful or offensive
True or False: You must be afraid to be assaulted.
What is False? (You only need awareness, not fear.)
IIED requires this level of conduct and intent to cause severe emotional distress through that conduct.
What is extreme and outrageous conduct
Bystanders must meet these three requirements to recover for IIED.
What are presence, known to the D, and either relative or physical injury?