Intentional Torts - Battery, Assault, False Imprisonment, IIED

Intentional infliction of harmful or offensive contact.
Act
Intent
Cause
Injury

A) Purpose to cause either harm or offensive contact(defined below); OR
b) Knowledge harmful or offensive contact is substantially certain to be produced
i) Substantially certainty - requires more than recklessness or carelessness (negligence)
ii) Knowledge -
1) Objective standard – words and actions of reasonable person
2) Constructive standard à What a reasonable person must know
3) Minors knowledge –
a) Looks at Objective and Constructive Standard but also includes age to determine experience, capacity, and understanding
4) Insane person’s knowledge (McGuire)
a) Capable of entertaining intent and entertained it
b) Capacity measured on objective standard – based on acts and words
1) Almy said “I’m going to kill you” before striking her. (McGuire)

A) Harmful or offensive contact with a person of another OR 3^rd person
- Transfer Intention Doctrine
- Doubled/Single transfer intent
Intent to commit assault transfers to battery
Intent towards two boys but transfers to boy hit.
b) Contact with the person of another:
i) There are some things such as clothing or a cane, or indeed, anything directly grasped by the hand which are so intimately connected with one’s body as to be universally regarded as part of the person. (computer – yes, car – no)
ii) Contact can be direct or indirect (throwing water on someone)
c) Offensive Contact:
i) Unpermitted – word/acts i.e. – words of “Negro could not be served in the club” with the action (Fisher)
-Elements – totality of the circumstances
1. Time, Place, Circumstances & Relationship b/t parties

Intentional causing of an apprehension of harmful or offensive contact.
Act
Intent
Cause
Injury

1) purpose to cause either harm or offensive contact, or knowledge that imminent
apprehension is substantially certain to be produced

Definition - well founded fear of imminent battery with apparent, present ability to commit the battery.
a) Well founded fear
- Objective - what reasonable person would fear
- not what that person feared
- fear - awareness
b) Imminent battery- at that moment
c) With apparent ability
- must happen at about the same time.

Defendant intentionally confines the Plaintiff within fixed boundaries.
Act, Intent, Cause, Injury

1) Act – Confinement
a) Affirmative action à locked the person up
b) Failure to act
i) Wrongful refusal to act; and (best to argue this last after the other 3)
ii) No other reasonable means; and
iii) Control - Nonactor is in control of the situation; and
iv) Pre-existing agreement – explicit or implied - circumstances

Definition - to confine the other or 3^rd person within boundaries fixed by the actor
a) Purpose to cause physical confinement; or
b) Knowledge
i) Substantially certainty -
-requires more than recklessness or carelessness (negligence)
ii) Knowledge - Objective
- words and actions of a reasonable person

A) Conscious of confinement – involuntary confinement; or
i) Confinement; and
1) w/out adequate legal justification(court order); and
2) against his/her will; and
3) Not required physical force but must be more than moral influence.
b) Person is harmed - if not aware of confinement (i.e. harmed while sleeping)

Defendant intentionally or recklessly causes, by outrageous conduct, severe emotional or mental distress to another person.

Act
1) Extreme; and (Degree – how often) ex: 30 times of imitating – Harris v. Jones
2) Outrageous (Character – what’s happening) ex: teased about a disability – Harris
3) Surrounding Circumstances – ex: supervisor teasing – Harris
4) Plaintiff’s Personality – subjectively looking at specific person –
- unusual sensitivity - ex: disability

A) Intentionally; or
a) Purpose; or
b) Knowledge
B) Recklessly
a) Conscious disregard
*C) 3^rd Party Intent (Taylor –pg65)
a) Transferred Intent does not apply bc it does not apply in IIED –
old law for other 5 claims
b) 3^rd party must witness but not necessarily the targeted person; and
c) Defendant must know 3^rd party is there; and
d) 3^rd party must be an immediate family member of the targeted party to recover if 3^rd party did not have bodily harm; OR
- 3^rd party is non-immediate family member then must have bodily harm to recover
*Test* Define “Immediate Family” member as either using state’s regulations for family members or from a reasonable standard

Pre-existing issues does not prevent recovery if it can be shown the issued increased dramatically.
- ex: speech impediment increased but it needs to be a big increase.

Injury - Severely disabling emotional response
a) Severely disables everyday function.
- ex: Kid stops going to school and depressed
*Test* - define severely for the case
- Give policy

- General policy that an imbalance of power (employee/supervisor) creates more likelihood IIED for employee.