Intentional Torts Against Persons Flashcards

A defendant shouts 'I'll kill you!' at the plaintiff from across a busy intersection. The plaintiff is not certain the defendant can reach her. Is there assault?

Answer: No, because the plaintiff did not reasonably apprehend imminent contact

Assault requires reasonable apprehension of imminent harmful or offensive contact; distance and uncertainty about the defendant's ability to act negate imminence.

An employer tells an employee 'You can leave when your shift ends' after the employee asks to go home early during a crisis situation. Has false imprisonment occurred?

Answer: No, because the employer has a reasonable condition for the employee's departure

False imprisonment does not occur when the defendant provides a reasonable means or condition for the plaintiff's release.

A defendant intends to commit assault against Person A but instead shoots Person B with a bullet. Under what doctrine can Person B sue for battery?

Answer: Transferred intent

Transferred intent allows the intent directed at Person A to transfer to Person B, making the defendant liable for battery to the actual victim.

A hypnotist places a subject in a trance and causes her to slap a third party. Who is liable for battery on the third party?

Answer: The hypnotist, because he directed the act with intent

The hypnotist had the requisite intent and directed the act; the subject lacked volitional control and therefore lacked the intent element.

A college student pranks a roommate by hiding in a closet and jumping out. The roommate suffers a heart attack from fright. The prankster did not intend bodily harm. Can the roommate recover for IIED?

Answer: Yes, if the conduct was extreme, outrageous, and caused severe emotional distress

IIED can be satisfied if the conduct, even if meant as a prank, is extreme and outrageous and causes severe emotional distress.

A plaintiff is confined in a room with an unlocked window as the only exit. The window is on the 20th floor. Is the plaintiff falsely imprisoned?

Answer: Yes, because the only escape requires unreasonable risk of harm

False imprisonment exists when the only apparent means of escape would expose the plaintiff to unreasonable risk of harm.

A defendant, during an argument, raises a fist in a threatening manner toward the plaintiff but is immediately restrained by bystanders before moving closer. The plaintiff was terrified. Can the plaintiff recover for assault?

Answer: Yes, because the plaintiff had reasonable apprehension of imminent contact at the moment of the gesture

Assault is complete when the plaintiff experiences reasonable apprehension of imminent contact; subsequent intervention does not undo the apprehension already experienced.