Torts: Intentional Torts

What are the prima facie elements of battery?

The prima facie elements of battery are (1) an act by the defendant, (2) intent to cause harmful or offensive contact, and (3) harmful or offensive contact to the plaintiff's person actually results.

How is 'offensive contact' evaluated in the context of a battery claim?

Offensive contact is evaluated using an objective standard: whether a reasonable person of ordinary sensibilities would find the contact offensive, unless the defendant knew of the plaintiff's particular susceptibility.

What are the prima facie elements of assault?

The prima facie elements of assault are (1) an act by the defendant, (2) intent to cause apprehension of imminent harmful or offensive contact, and (3) the plaintiff experiences reasonable apprehension of such imminent contact.

Do mere words constitute an assault?

Mere words generally do not constitute an assault; they must be coupled with an overt act or physical conduct, unless the surrounding circumstances create a reasonable apprehension of imminent harm.

What are the elements of false imprisonment?

The elements of false imprisonment are (1) an act or omission intending to confine or restrain the plaintiff to a bounded area, (2) actual confinement occurs, and (3) the plaintiff is either conscious of the confinement or harmed by it.

What is the Shopkeeper's Privilege and what are its requirements?

The Shopkeeper's Privilege allows a merchant to temporarily detain a suspected shoplifter if there is reasonable belief of theft, the detention is conducted in a reasonable manner, and it lasts only for a reasonable time to investigate.

What are the elements of Intentional Infliction of Emotional Distress (IIED)?

The elements of IIED are (1) extreme and outrageous conduct, (2) intent or recklessness regarding causing emotional distress, (3) causation, and (4) severe emotional distress.

Under what circumstances can a bystander recover for IIED when the defendant directs conduct at a third person?

A bystander can recover for IIED if they are a close family member present at the scene and the defendant knows of their presence, or if they are any bystander present who suffers bodily harm as a result of the distress.

What constitutes trespass to land?

Trespass to land is an intentional physical invasion of a plaintiff's real property by a person or object.

Does a defendant need to know they are crossing a property line to be liable for trespass to land?

No, the defendant only needs the intent to enter that particular piece of land; mistake of ownership is not a valid defense to trespass to land.