Intentional Torts Against Persons Flashcards

Dana grabs Paul's arm to prevent him from walking into traffic, holding him for 30 seconds against his will. Paul sues for false imprisonment. What is Dana's strongest defense?

Answer: Necessity

Necessity (or privilege) applies when the defendant acts to protect the plaintiff or others from harm, even without consent.

An actor throws fake punches at another actor on stage as part of a scripted fight. The other actor, who agreed to the scene, is unexpectedly hit. Which defense most likely applies?

Answer: Consent

Consent is a complete defense to battery when the plaintiff agreed to the contact that caused harm.

A debt collector calls a debtor 20 times a day for three weeks, threatening false legal consequences. The debtor suffers severe anxiety. What tort best fits?

Answer: Intentional infliction of emotional distress

IIED requires extreme and outrageous conduct, intent, and severe emotional distress — repeated harassing calls with false threats can satisfy all elements.

Tom points a gun at Jerry and pulls the trigger. The gun misfires. Jerry, unaware the trigger was pulled, was looking away the entire time. Can Jerry recover for assault?

Answer: No, because Jerry had no apprehension of imminent contact

Assault requires that the plaintiff actually experienced apprehension of imminent harmful or offensive contact; if Jerry was unaware, there is no assault.

A surgeon performs an appendectomy on an unconscious patient who previously signed consent only for a gallbladder removal. The appendix was inflamed and was removed to save the patient's life. Is the surgeon liable for battery?

Answer: No, because emergency necessity extends the scope of consent

Courts recognize implied emergency consent when additional surgery is immediately necessary to preserve life and the patient cannot consent.

Which element distinguishes transferred intent from direct intent in tort law?

Answer: Intent can transfer from the intended victim to an unintended victim or between certain torts

Under transferred intent, if a defendant intends to commit an intentional tort against one person but affects another, the intent transfers to the actual victim.

A security guard locks a store for the night without checking the back room, trapping a customer who had fallen asleep. The guard had no knowledge of the customer. Is the guard liable for false imprisonment?

Answer: No, because false imprisonment requires intent to confine the plaintiff

False imprisonment requires the defendant to intend the confinement; an unknowing act of locking a door without awareness of the plaintiff does not satisfy the intent element.