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MindMap Gallery Intentional Torts: Legal Criteria for Battery, Assault, and Emotional Distress

Intentional Torts: Legal Criteria for Battery, Assault, and Emotional Distress

Delve into the complexities of intentional torts with our detailed guide outlining the essential legal criteria for battery, assault, and intentional infliction of emotional distress (IIED). Our resource meticulously charts the necessary proofs, from the intent and contact in battery to the apprehension in assault cases. We also cover the nuanced defense of consent and what constitutes extreme and outrageous conduct leading to emotional distress. This guide is an indispensable tool for law students, legal professionals, and anyone looking to navigate the intricacies of tort law, offering clear, step-by-step insights into proving or defending against these serious allegations.

Edited at 2022-03-22 21:17:39

jordan miletti

Recent works View more works>>

Intentional Torts: Legal Criteria for Battery, Assault, and Emotional Distress

jordan miletti

Recent works View more works>>

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Intentional Torts

Battery

D will be liable for battery if P proves D intentionally inflicted a harmful or offensive bodily contact to P.

A. Did D intend to contact?

For battery, P must prove D desired to contact P or knew with a substantial certainty that contact would result. [or prove transferred intent]

Did D desire or act with purpose to contact P?

Did D know to a substantial certainty that contact would result?

Did D desire

to contact OR fighten another, AND instead contact ensues with P?

B. Was there contact to P?

P must prove the contact was direct, indirect, or closely associated to P's person.

Was the contact:

direct

indirect

closely associated to Ps person?

C. Was contact to P harmful or offensive?

P must prove the contact caused pain or bodily damage, or the contact would damage a person with a reasonable sense of dignity.

Would the contact to P would offend a normal person?

Did the contact cause P:

pain OR

injury?

D. Can D raise defense of consent?

D must prove P expressly or implicity consented to D's contact, and D did not exceed the scope of consent.

Was consent:

non-existant

express by P

implied by P

Not exceeded by D?

Assault

D will be liable for assault if P proves that D intended to assault P, and P was in imminent apprehension of contact.

A. Did D intend assault?

P must prove D desired to put P in apprehension of harmful or offensive contact, or knew to a substantial certainty that P would be put in apprehension of harmful or offensive contact as a result.

Did D intend to:

commit barrery

commit battery and fail

fighten P

frighten X but fightened P?

B. Was P in imminent appehension of contact?

P must prove P either actaully underwent a harmful or offensive contact, or was put in immediate apprehension of such contact.

Did it appear to P that:

harm was imminent

AND

D had the present ability to carry out threat?

Did D:

say threatening words

AND

do a small overt act?

Did the surrounding circumstances make it reasonable for Ds words alone to cause P apprehension of imminent harm? (min will allow)

IIED

D will be liable for Intentional Infliction of Emotional Distress if P proves D intended to emotionally distress P, D's conduct was extreme & outrageous, and P suffered severe emotional distress.

A. Did D intend to emotioally distress P?

For IIED, P must prove D desired to emotionally distress P, or knew with substantial certainty that distress would result to P, or recklessly disregarded the possibility that distress to P would result.

Did D:

intend to bring the distress

know with substantial certainty distress would result

recklessly disregard the possbility that diestress would result?

B. Was D's conduct extreme and outrageous?

P must show that D's conduct has been so outrageous in character, and so extreme in degree, as to go beyond the bounds of decency, and to be regarded as atrocious and utterly intolerable in a civilized society

Did D:

do more than merely insult P

do something to cause distress to a person of ordinary sensitivity?

C. Did P suffer harm?

Manifestations of severe and meotional distress include, but are not limited to, seeking mental health treatment, sudden changes in behavior, or physical ailments. Turner v. Wong.

Did P:

seek mental health treatment

have documented sudden changes in behavior

documented phsycial ailments?