Torts summary - Intentional Torts. - Battery o An act by...

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Intentional Torts. - Battery o An act by the defendant which brings about harmful or offensive contact to the plaintiff’s person; Harmful or offensive contact By a reasonable person standard Plaintiff’s person Anything connected to the plaintiff’s person is viewed as part of the plaintiff’s person. Plate from Fisher v. Carousel Motor Hotel . o Intent on the part of the defendant to bring about harmful or offensive contact to the plaintiff’s person; and Wagner’s – Intent to make contact. Contact was harmful. White’s – Intent to make contact + Intended contact to be harmful. o Causation It includes both direct and indirect contacts. It will be sufficient if he sets in motion a force that brings about harmful or offensive contact. - Assault o An act by the defendant creating a reasonable apprehension in plaintiff of immediate harmful or offensive contact to plaintiff’s person Resonable apprehension must apply the reasonable person test. o Intent on the part of the defendant to bring about in the plaintiff apprehension of immediate harmful or offensive contact with the plaintiff’s person; and o Causation - False Imprisonment o An act or omission to act on the part of the defendant that confines or restrains the plaintiff to a bounded area; o Intend on the part of the defendant to confine or restrain the plaintiff to a bounded area; and o Causation Either conscious of the confinement or is harmed by it - Intentional Infliction of Emotional Distress o An act by defendant amounting to extreme and outrageous conduct ; Shocks the conscious, conduct that transcends all bounds of decency. o
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This note was uploaded on 12/20/2011 for the course TORTS 131 taught by Professor Keller during the Fall '11 term at Western State Colorado University .

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Torts summary - Intentional Torts. - Battery o An act by...

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