Torts & Elements
What are the elements of assault?
(1) act or threat of action, (2) done with intent, that (3) creates in the plaintiff a reasonable apprehension of, (4) imminent bodily harm
Under the doctrine of extended personality, bodily contact can include contact with this
What is an extension of one's person? such as the plate they are holding. (Fisher v. Carrousell Motor Hotel)
What is the purpose of the defense of consent?
Consent negates the unlawfulness of the defendant’s conduct by showing the plaintiff agreed to the act.
A delivery driver hits a pedestrian while texting during a delivery. Could the employer be vicariously liable?
Yes, because texting while driving during a delivery is within the scope of employment.
What is the difference between general intent and specific intent in torts?
General intent is the intent to produce the consequence (violation of a protected interest), while specific intent is the intent to cause the specific harm.
What are the elements of false imprisonment?
(1) action with (2) specific intention to confine someone to a defined or bounded place (3) that directly or indirectly causes actual and unlawful confinement and (4) Harm, or awareness of the confinement
What constitutes "reasonable apprehension" in an assault claim?
The victim must perceive or be aware of an imminent threat of harm. (Reynolds v. MacFarlane)
What is the key element of self-defense
Acting based on a reasonable fear of imminent bodily harm.
An employer tells an employee they must work overtime or be fired. The employee suffers severe anxiety and sues for intentional infliction of emotional distress. Why might the claim fail?
What is because the conduct may not rise to the level of extreme and outrageous behavior?
What is the general rule for holding minors liable for an intentional tort?"
What is that liability can depend on the jurisdiction and whether the minor had the capacity to form the intent necessary for the tort
What is required to prove intentional infliction of emotional distress (IIED)?
(1) Intent (either reckless or intentional) (2) conduct that is extreme and outrageous (3) that causes severe emotional distress
For contact to be harmful or offensive, it must put the victim in this kind of situation.
What is an objectively worse situation than before the contact? (ex. ear surgey hypo or Mulloy v. Sang.)
What is the scope of consent, and how can a defendant exceed it?
The scope of consent is the range of actions the plaintiff agreed to. A defendant exceeds it by performing an act outside what was agreed upon or anticipated.
An employee at a restaurant trips a customer accidentally. Could the employer be held vicariously liable?
No, because vicarious liability requires that the employee acted within the scope of their employment and intentionally or negligently caused harm.
What is the difference between proving intent in an assault versus a battery claim?
What is that in a battery claim, the plaintiff only needs to prove that the defendant intended to make contact, whereas in assault, the plaintiff must show that the defendant intended to cause reasonable apprehension of imminent bodily harm?
What is the key difference between assault and battery?
Assault requires apprehension of imminent harm, while battery requires physical contact.
Confinement may be unlawful if it exceeds this.
What is the scope of consent? Noguchi v. Nakamura
Can a person act in self-defense if the perceived threat was not real?
Yes, as long as it was reasonable for the person to subjectively believe they were in danger. (Buck Yawn case)
A teenager locks a friend in a closet as a prank. What element is most at issue in false imprisonment?
Awareness of the confinement or harm caused by it.
In an assault case, what are the two ways a plaintiff can prove that the defendant acted with intent?
What are: (1) the defendant acted with the purpose of causing the plaintiff to have a reasonable apprehension of imminent bodily harm, or (2) the defendant acted knowing that such apprehension was substantially certain to result?
Which of the following is NOT a required element for a valid claim of intentional infliction of emotional distress (IIED)?
What is "The plaintiff must have suffered a physical injury as a result of the distress."
These are factors to consider when determining whether conduct is extreme and outrageous.
A teenager enters a martial arts tournament and gets injured during a sparring match. Can they sue for battery? Why or why not?
Likely not, because they consented to the physical contact inherent in the activity, as long as it was within the rules of the tournament
A 5-year-old pushes another child on a swing, causing them to fall. What element is most at issue in a battery claim?
Capacity to form intent, as age might negate the ability to intend the harm.
In Fisher v. Carrousel Motor Hotel, how did the defendant’s words contribute to inferring intent to make contact, and why was this significant for the plaintiff's battery claim?
What is that the defendant’s verbal insult was considered part of the conduct that, when combined with the physical act of snatching the plaintiff's plate, demonstrated an intent to make offensive contact? In that case, the words and the act together supported the inference that the defendant intended to cause an offensive physical contact, even without the plaintiff being physically harmed.