Wendy's Torts Outline - WENDYS TORTS OUTLINE INTENTIONAL...

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WENDY’S TORTS OUTLINE PAGE 1 OF 11 INTENTIONAL TORTS (seven: FI T T ED C A B) personal torts require no actual physical damage; if guilty of intentional tort, liable for all resulting injuries/damages (even unforeseeable) INTENT Desire to cause the consequence OR know to a substantial certainty the consequence will occur T RANSFERRED I NTENT - transfer of liability by tort (personal-personal) and/or victim (thrown stick case): Assault, Battery, FI, TtL, TtC Unconscious acts are NOT intentional and so cannot be transferred ASSAULT Volitional, unauthorized act, intended to cause a reasonable apprehension of an imminent harmful or offensive touching with the apparent present ability to effect the touch R EASONABLE - to a reasonable person of ordinary sensibilities O FFENSIVE - offensive to an ordinary person not unduly sensitive as to personal dignity Actual damages are not required. DEFENSES : consent; defense of self/others, land/chattel (after warning); recovery of land/chattel; arrest; discipline BATTERY Volitional, unauthorized act intended to cause a harmful or offensive touching to another which causes a touch Actual damages are not required. Actual physical contact is not required (conference attendee case) While battery may be direct or indirect, the actor must put force in motion Δ is liable for all consequences, even unforeseeable ones Δ also bears risk of mistake (wolf-dog case) Possibly battery even if Δ was acting in good faith DEFENSES : consent; defense of self/others, land/chattel (after warning); recovery of land/chattel; arrest; discipline FALSE IMPRISONMENT (FI) Volitional, unauthorized act intended to confine , direct, or restrain the physical liberty of another, whose boundaries are set by Δ with no reasonable means of escape, who must be conscious of confinement at the time OR incur physical injury, and must include force or the threat of force C ONFINE - by physical force; threat to persons/property; NOT future harm; NOT economic R ESTRAIN THE P HYSICAL L IBERTY - includes refuse to release; actual barriers; action/threat of action against property False arrest is FI DEFENSES : arrest by cop; arrest w/o warrant; citizen’s arrest; shopkeeper’s privilege INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (IIED) D IRECT V ICTIM : intentional OR reckless act of extreme AND outrageous conduct directly causing plaintiff’s severe emotional distress B YSTANDER : Δ knew 3d party present and close relationship OR no close relationship but a physical manifestation of distress R ECKLESS A CT - words alone are insufficient, some action is required E XTREME AND O UTRAGEOUS - conduct exceeding all bounds tolerated by society, which are calculated to cause ED S EVERE E MOTIONAL D ISTRESS - to a person of ordinary sensibilities absent special knowledge or notice NO: petty insults, humiliation, embarrassment. YES: threatening language; refusal to pay ins. benefits, physical injuries or consequences C OMMON C ARRIERS
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Wendy's Torts Outline - WENDYS TORTS OUTLINE INTENTIONAL...

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