Intentional Torts Against Persons Flashcards

A defendant spits on the plaintiff during an argument. The plaintiff was not physically harmed. Can the plaintiff recover for battery?

Answer: Yes, because spitting constitutes offensive contact

Battery covers both harmful and offensive contact; spitting on someone is widely considered offensive contact even without physical injury.

A plaintiff is told by a supervisor 'If you report this incident, you will never work in this industry again.' The plaintiff feels unable to leave the room. What is the most significant factor in determining whether false imprisonment occurred?

Answer: Whether the plaintiff's will to leave was actually overcome by a threat of imminent harm

Confinement by threats can constitute false imprisonment if the threat is sufficient to overcome the plaintiff's will to leave, particularly when it involves imminent harm.

A defendant grabs the plaintiff's jacket sleeve to stop him from leaving. The plaintiff slips out of the jacket and walks away freely. Is there false imprisonment?

Answer: No, because the plaintiff was not actually confined

False imprisonment requires actual confinement; if the plaintiff could and did escape without unreasonable risk, there is no false imprisonment.

Under IIED, which standard is used to determine whether the defendant's conduct was 'extreme and outrageous'?

Answer: The objective standard of what a reasonable person would find intolerable in a civilized society

Courts apply an objective standard — whether the conduct exceeds all bounds of decency tolerated by a civilized society.

A defendant, angry at a neighbor, fires a gun into the air near the neighbor's child. The child suffers severe emotional distress. The defendant did not intend to distress the child. Can the child recover for IIED?

Answer: Yes, if the defendant knew the child was present and the conduct was extreme and outrageous

IIED can extend to a bystander plaintiff if the defendant knew of their presence and engaged in extreme and outrageous conduct.

Which of the following best illustrates the difference between assault and battery?

Answer: Assault is the apprehension of contact; battery is the actual harmful or offensive contact

Assault protects against the mental harm of apprehension of imminent contact, while battery requires actual harmful or offensive contact.

A plaintiff consents to a boxing match. During the match, his opponent punches him in the kidney in a manner legal under boxing rules. The plaintiff suffers internal injuries. Can the plaintiff recover for battery?

Answer: No, because consent to a boxing match includes consent to contact within the rules

Consent to participate in a sporting event extends to contact that falls within the rules and normal risks of that sport.