Attempted battery = assault. This is the balancing of the First Amendment. D has committed a battery. ) HAVEN’T FOUND ESSAY YOU WANT? vii) Time: The amount of time one is confined is irrelevant. D’s conduct has to be “beyond all possible bounds of decency. (3) Apparentability will meet the apprehension requirement. (Example: Storekeeper suspects P of shoplifting, and says, “I hereby make a citizen’s arrest of you. (b) High likelihood: But if it is merely “highly likely” and not “substantially certain,” that the bad consequences will occur, then the act is not an intentional tort. (2) D knows with substantial certainty that P will suffer emotional distress. (1) Intended apprehension: First, D intends to put P in imminent apprehension of the harmful or offensive contact, even if D does not intend to follow through (e.g. intentional infliction of emotional distress adjective Referring to a civil action against a person who allegedly said or did something so outrageous or insulting to the plaintiff that he or she suffered subsequent emotional damage. ii) Intent: The defendant must either have intended to cause the apprehension or contact, or have intended to cause the contact itself. P claimed false imprisonment. Damages include economic and noneconomic losses. Although the child may be liable, the parents may not have to pay. (b) Where the defendant is aware of super sensitivities (children, elderly). “Recklessness” by D is not enough. P is not actually touched, nor is he frightened. xi) Criminal v. civil (tortious) assault: (1) Criminal: A victim need not have an apprehension or fear of contact. (1) Bradley v. American Smelting & Refining Co. – Gases emitted from a copper smelter land on the P’s land making it unusable for livestock feeding. viii) Questions of consent: Athletic injuries, date rape, sexual harassment, transmission of AIDS d) Assault i) Definition: Assault is: (1) intentionally (2) causing apprehension of (3) harmful or offensive contact. (1) No intent to harm: The intentional torts are generally not defined in such a way as to require D to have intended to harm the plaintiff. Actual and proximate causation of the emotional distress by the defendant's outrageous conduct. As plaintiffs with respect to comparative fault, children are given credit for their modified capacity as minors. Every person is having a duty to use reasonable care which avoids causing emotional distress to another person. This is in accordance with the Restatement (Second) of Torts, although the Pennsylvania … Substantial certainty: If D knows with substantial certainty that a particular effect will occur as a result of her action, she is deemed to have intended that result. ” This is probably not an assault, if D does not make any gestures like forming a fist or stepping towards P. ) (1) Special circumstances: However, the surrounding circumstances, or D’s past acts, may occasionally make it reasonable for P to interpret D’s words alone creating the required apprehension of imminent contact. Intentional Infliction of Emotional Distress Definition: The malicious and outrageous causation of severe emotional distress. GET YOUR CUSTOM ESSAY Intentional infliction of emotional distress or mental distress is a tort claim for intentional conduct that results in mental reaction such as anguish, grief, or fright to another person’s actions that entails recoverable damages. However, P may revoke their consent to confinement at any time. Not All Mental Anguish is Compensable. (3) The defendant does not act. h) Trespass to Chattels i) Definition: “Trespass to chattels” is defined as any intentional interference with a person’s use or possession of a chattel. (1) Unless there is a power of attorney. (4) Transferred intent: The doctrine of “transferred intent” is applied only in a very limited fashion for emotional distress torts (i. e. , it is almost always not transferable). In such cases, the victim can recover damages from the person causing the emotional distress. “The intentional snatching of an object from one’s hand is as clearly an offensive invasion of his person as would be an actual contact with his body. (Example: D shoots a gun at P, trying to hit him. Some courts and commentators have substituted mental for emotional, but the tort is the same.Some jurisdictions refer to IIED as the tort of outrage. Some jurisdictions refer to IIED as the tort of outrage. He rides a horse, which runs away with him and runs the plaintiff down. iv) Means used: The imprisonment can be carried out by direct physical means, but also by threats or by the assertion of legal authority. So if D attempts to cause emotional distress to X (or to commit some other tort on him), and P suffers emotional distress, P usually will not recover. The elements of a prima facie case for the tort of intentional infliction of emotional distress are: Emotional distress means mental distress, mental suffering or mental anguish. This is not trespass to land. ) (Example: D as a practical joke points a toy pistol at P, hoping that P will falsely think that P is about to be shot. (1) Fisher v. Carrousel Motor Hotel, Inc. – P, who is Black, is attending a luncheon at the Brass Ring Club, located in D hotel. Some courts and commentators have substituted mental for emotional, but the tort is the same. (1) If you intend to be on another’s property, it is trespass. It is different from intentional infliction of emotional distress (IIED) because NIED does not … Intentional infliction of emotional distress generally involves some kind of conduct that is so terrible that it causes severe emotional trauma to the victim. ” After police leave P, he wanders into a highway and is struck by a car. Held, False imprisonment is the direct restraint of one person of physical liberty by another without adequate legal justification. The main criticism that such a definition of intentional infliction of emotional distress is that the views of the individual have too much of an influence in determining the outcome of such a tort. Intentional infliction of emotional distress (“IIED”) is an alternative claim to defamation that plaintiffs may pursue and is a civil tort that involves conduct that is so terrible and outrageous that it causes severe emotion distress and trauma to the victim. (Example: D intends to tap P lightly on the chin to annoy him. © 2012 Farlex, Inc. (a) Bona fide purchaser: A bona fide purchaser of stolen goods is still a converter, even if there was no way for him to know they were stolen. D has not committed an assault on P. ) The circumstances must create in the mind of the party alleging the assault a well-founded fear of imminent battery, coupled with the apparent present ability to effectuate the attempt. The defendant fires a rifle. Intentional infliction of emotional distress (IIED; sometimes called the tort of outrage) is a common law tort that allows individuals to recover for severe emotional distress caused by another individual who intentionally or recklessly inflicted emotional distress by behaving in an “extreme and outrageous” way. http://vondranlegal.com/cybertorts-lawyer/IF YOU LIKE OUR VIDEOS FEEL FREE TO SHARE THIS VIDEO ON YOUR SOCIAL MEDIA SITES! (2) Example 2: D shoots at P, intending to miss P, but also intending to make P think that P would be hit. He shoots the plaintiff in self-defense. Through this lesson you will: Through this lesson you will: D is liable for conversion, and will be required to pay P the full value of the car (though D gets to keep the car). (2) Trespass to chattels protects the right to unfettered possession of things. Torts is a fault-based system. A "series of subtle, yet damaging, injuries" is … (2) The intent to bring about the consequences. The tort of intentional infliction of emotional distress (IIED) is defined as the plaintiff acting abominably or outrageously with the intention of causing the defendant to suffer severe emotional distress. (Example: D commits suicide by slitting his throat in P’s kitchen. (Example: D, a shopkeeper, negligently locks the store while P, a customer, is in the bathroom. 2. Some jurisdictions refer to IIED as the tort of outrage. c) Battery i) Definition: Battery is: 1) intentional, (2) harmful or offensive (3) contact with the (4) plaintiff. Severe emotional distress is emotional distress of such substantial quantity or enduring quality that no reasonable person in a civilized society should be expected to endure it. ” D then leans across the counter, attempting to touch P. Held, it is a question for the jury whether or not the counter was so wide that D could not have leaned over and touched P. (By implication, if the counter was so wide that D could not have touched P, there could be no assault, even though P may have worried that D would have come around the counter and chased her. ) P cannot recover because D did not know of P’s presence. Held, P committed false imprisonment, since he implicitly agreed to furnish P with whatever was necessary (here, a rowboat) to enable her to leave the yacht. 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