(2) Trespass to chattels protects the right to unfettered possession of things. 2) Intentional Torts a) Assault, battery, false imprisonment, trespass to chattels, and trespass to land. She may not recover for her apprehension that someone else will be so touched. One definition of intentional infliction of emotional distress might look something like this: "Liability for IIED can arise when one person's extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another." This is because of the toll a physical injury can take on the mind after a person has been involved in a car accident. 3 Torts Outline Intent is something constructed. D hopes P won’t see him, but P does. (3) Trespass to chattels is about possession (requires damage). iii) Distinguished from trespass to chattels: Courts consider several factors in determining whether D’s interference with P’s possessory rights is severe enough to be conversion, or just trespass to chattels. iii) Transferred intent – Under the doctrine of “transferred intent,” if D held the necessary intent with respect to person A, he will be held to have committed an intentional tort against any other person who happens to be injured. P must demonstrate that she felt compelled to obey. D has the necessary intent for battery. There is no clarity in defining what an “outrageous” act is. v) “Words alone” rule: Ordinarily words alone are not sufficient, by themselves, to give rise to an assault. (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. of Missouri, Inc., 732 S.W.2d 212, 213 (Mo.App.1987). We treat those whose mental capacity is diminished as adults. Tinker v. Des Moines Indep. D, standing behind the counter says, “if you will come back here and let me love you and pet you, I will fix your clock. Transfer only applies to trespass writs. Factors include: (1) Duration of D’s dominion over the property. (3) Offensive language is, by itself, not sufficient for the tort. (2) I DE S ET UX v. W DE S – P runs a tavern with her husband. Where plaintiff alleged facts that make it plausible that police officer defendants could have intervened to prevent the use of excessive force, defendants' 12(b)(6) motion to dismiss claims for excessive force and intentional infliction of emotional distress are denied, but a motion to dismiss the conspiracy claim is allowed … (Example: P, a burglar, breaks into D’s house. As between a person injured and the one who has diminished capacity, the equity lies with the victim. (2) Slocum v. Food Fair Stores of Florida – P, a shopper, asked D, an employee of a grocery store, for the price of an item. SAMPLE. In determining the severity of emotional distress consideration is given to its intensity and duration also. ” Putting aside whether the storekeeper has a privilege to act this way, Storekeeper has “confined” P, if a reasonable person in P’s position would think that Storekeeper had the authority to make such an arrest, even if under local law Storekeeper did not have that authority. ) (1) Example: D wants to have sex with P, and locks her in his bedroom for two hours hoping that P will agree. P claimed false imprisonment. D has committed a battery. ) Children are liable for intentional torts. (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. One night when the tavern is closed, D demands wine. 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) 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. ” (4) Exceptions: (a) Where the conduct is continuos. Mistake as to ownership will not be a defense. (2) Escape is unreasonable if: (1) it involves exposure of the person; (2) there will be material harm to clothing to escape; (3) there is danger of substantial harm; or (4) P does not know of its existence or it is not apparent. Conversion is about usage (does not require damage). Some courts and commentators have substituted mental for emotional, but the tort is the same. vi) Children: The standard of the outrageous behavior is lowered when the victim is a child. But intentional infliction of emotional distress as a tort has many disadvantages. This is assault. ) Held, the case must be remanded to the trial court, to determine whether Brian indeed knew with substantial certainty that P would fall. P is not actually touched, nor is he frightened. e) False Imprisonment i) Definition: False imprisonment is: (1) a sufficient act of restraint that (2) confines P to a (3) bounded area. A criminal assault occurs if the defendant intends to injure the victim and has the ability to do so. D is liable for conversion, notwithstanding his honest mistake about title.) civil wrong) that occurs when an individual suffers emotional distress due to an intentional or reckless act committed by another party. This rule applies in the “transferred intent” situation as well. Intentional infliction of emotional distress is defined in Restatement (Second) of Torts §46(1) (1965) as: The elements of a claim are: (1) the defendant must act intentionally or recklessly; (2) the defendant’s conduct must be extreme or outrageous; and (3) the conduct must be the cause (4) of extreme emotional … D is liable to B for the intentional tort of battery. ) (c) Innkeeper/common carrier – same conduct, different defendant. Negligent Infliction of Emotional Distress In addition to the tort of intentional infliction of emotional distress, most jurisdictions allow recovery for emotional harm under a theory of negligence. (Example: D refuses to allow P to return to her own home. iv) No hostility: It is not necessary that D bears malice towards P, or intends to harm her. The airspace, which lies above the immediate reaches of his land, is the public domain. The biggest difference between Negligent and Intentional Infliction of Emotional distress is the intention of the defendant. (1) Consent for partial confinement is OK. . Some jurisdictions refer to IIED as the tort of outrage. iii) “Extreme and outrageous”: P must show that D’s conduct was extreme and outrageous. iii) Particles and gases: If D knowingly causes objects, including particles or gases, to enter P’s property, most courts consider this trespass. On remand, the trial court found that Brian knew with substantial certainty that P was trying to sit when he pulled the chair away and that there was therefore the intentional tort of battery. It is a common law tort, meaning that it does not have a statutory definition; rather, it is defined in case law. (2) Intentional disfigurations of corpses. f) Intentional Infliction of Emotional Distress i) Definition: This tort is the intentional or reckless infliction, by extreme and outrageous conduct, of severe emotional or mental distress, even in the absence of physical harm. (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. P cannot recover because D did not know of P’s presence. Intentional infliction of emotional distress generally involves some kind of conduct that is so terrible that it causes severe emotional trauma to the victim. D has one of the two alternative intents required for assault – the intent to put P in imminent apprehension of a harmful or offensive contact – so the fact that D does not desire to “harm” P is irrelevant.). Although the child may be liable, the parents may not have to pay. The term emotional distress damages refers to the monies awarded to a plaintiff in a case wherein that person has suffered a severe psychological impact as the result of the actions of another person. Held, P has suffered a battery. (Example: D buys an old painting from an art dealer, and reasonably believes that the art dealer has good title. Every person is having a duty to use reasonable care which avoids causing emotional distress to another person. Cmty. iv) Air space: It can be trespass for a plane to fly over P’s property. The question is imminence. f) Intentional Infliction of Emotional Distress i) Definition: This tort is the intentional or reckless infliction, by extreme and outrageous conduct, of severe emotional or mental distress, even in the absence of physical harm. The act does not have to be as extreme to be actionable. D has committed a trespass to chattels. ) The body of law is shifting to recognize not only bodily harm, but also serious, unprivileged, intentional invasions against emotional and mental tranquility. Browse US Legal Forms’ largest database of 85k state and industry-specific legal forms. Most cases do not require P to show that the distress resulted in bodily harm. If … This is typically done by a defendant vocally issuing the threat of future harm to a plaintiff. However, P may revoke their consent to confinement at any time. 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. Normally, there must be some overt act – a physical act or gesture by D – before P can claim to have been assaulted. ” There is no assault on P, since D has the legal right to force P to leave. ) (2) Negligence: If D negligently enters P’s land, this is generally treated, as the tort of negligence, not trespass. "Intentional infliction of emotional distress," 43 Am jur proof of facts 2d 1. Viehweg v. Vic Tanny Intern. (6) He acts with the desire to affect the plaintiff, but for an entirely permissible or laudable purpose. This conduct is sufficiently outrageous to qualify. (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). Pacific Maritime Association (2013) 216 Cal.App.4th 283: (Appellant also argues the evidence underlying her retaliation claim is sufficient to meet the conduct element of her intentional infliction of emotional distress claim…[A]ppellant's argument fails as to the intentional infliction claim. (1) Example: D steals P’s car, then seriously (though not irreparably) damages it in a collision. (Example: D intends to tap P lightly on the chin to annoy him. “Recklessness” by D is not enough. Legal Definition of emotional distress : a highly unpleasant emotional reaction (as anguish, humiliation, or fury) which results from another's conduct and for which damages may be sought — called also emotional harm, mental anguish, mental distress, mental disturbance, mental suffering — see also outrage, zone of danger vi) Scope of harm: If you put a course of harm into motion, you are responsible for all the harms to that person regardless of foreseeability. (Example: D, a messenger service, delivers a package to the wrong person, X. X absconds with the goods. A "series of subtle, yet damaging, injuries" is … Convenient, Affordable Legal Help - Because We Care! (Example: P sees D raise a pistol at P’s husband. 4 Torts Outline iv) Extends to personal effects: Battery may be committed not only by contact with plaintiff’s body, but also contact with her clothing, an object she is holding (e.g. (3) City of Newark v. Eastern Airlines – P’s claimed that airline D was flying so low to their property as to constitute a nuisance and a trespass to land. (2) Visibility: If the substance is invisible, but it accumulates, it can be trespass (air pollution). (2) Potential exceptions: (a) Awareness of confinement might not be necessary when the one confined is a child. (1) Loss of possession: If P loses possession of the chattel for any time, recovery is allowed even if the chattel is returned unharmed. But battery also covers contacts, which are merely “offensive,” i. e. , damaging to a “reasonable sense of dignity. HAVEN’T FOUND ESSAY YOU WANT? 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. Held, the court did not find the harm severe enough to hold D liable. Held, a trespass to land must include: (1) an invasion affecting an interest in the exclusive possession of one’s property; (2) an intentional doing of the act which results in the invasion; (3) reasonable foreseeability that the act done could result in an invasion to plaintiff’s possessory interest; and (4) substantial damage to the res. 1. 5 Torts Outline (2) Intent to make contact: Alternatively, D intends to in fact cause a harmful or offensive bodily contact. 6 Torts Outline vii) P unaware of danger: P must be aware of the threatened contact. This definition can … website. “Liability of employer, supervisor, or manager for intentionally or recklessly causing employee emotional distress—defamation, invasion of privacy, and employer's alleged misuse of company procedures” 38 ALR 6 th 541. Updated August 24, 2020 Under California law, intentional infliction of emotional distress is a cause of action that allows a victim to recover compensatory damages and punitive damages. 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. D said, “If you want to know the price, you’ll have to find out the best way you can … you stink to me. There is no assault if the plaintiff does not realize that the act has occurred. ii) Intent: Conversion is an intentional tort, but all that is required is that D have intended to take possession of the property. (Example: D threatens to shoot P, and leaves the room for the stated purpose of getting his revolver. . 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. Intentional Infliction of Emotional Distress, (often abbreviated to IIED), is defined by various countries, and in the U.S., even differing in some jurisdictions. Intentional Infliction of Emotional Distress (IIED) occurs when your employer purposely causes severe emotional distress to you as a result of extreme and outrageous conduct. (3) D puts an object on (or refuses to remove an object from) P’s land without permission. (Example: D kisses P while she is asleep. If one exit of a room or a building is locked with a plaintiff inside, but another reasonable means of exit is available, there is no imprisonment. If someone causes emotional distress by exercising their legal rights, it doesn’t count as intentional infliction of emotional distress. He is carried onto someone’s land against his will. Attempted battery = assault. iv) Means used: The imprisonment can be carried out by direct physical means, but also by threats or by the assertion of legal authority. The tort of negligent infliction of emotional distress (NIED) is a controversial cause of action, which is available in nearly all U.S. states but is severely constrained and limited in the majority of them. A successful claim for intentional infliction of emotional distress will require proving: The defendant’s conduct was outrageous, The defendant intended to cause harm or acted with reckless disregard of the likelihood of causing distress, and The victim suffered severe emotional distress because of the defendant’s conduct. Like a battery, it is caused by intentional conduct that carries a strong probability of causing mental distress to the person at whom it is directed. v) Children and intentional torts: (1) Kids, as plaintiffs are different than kids as defendants. Intentional Infliction of Emotional Distress Elements When a person is injured, he or she may be able to recover compensation for damages by filing an injury claim. (2) Assault in tort: The victim must have an apprehension of contact and it is not necessary that the defendant have the actual ability to carry out the threat. D only has to pay damages, not the full value of the property (as in conversion below). Since D has intended to put P in imminent apprehension of a harmful bodily contact, this is assault, whether D intends to in fact hit P or not. (Example: D shots at A, and accidentally hits B. g) Trespass to Land i) Definition: As generally used, “trespass” occurs when either: 11 Torts Outline (1) D intentionally enters P’s land, without permission. If the defendant intends any one of these and any one of these occurs, he is liable. (2) Transfer to third party: D can also commit conversion by transferring a chattel to one who is not entitled to it. (4) The inconvenience caused to P. iv) Different ways to commit: There are different ways in which conversion may be committed: (1) Acquiring possession: D takes possession of the property from P. 13 Torts Outline. ” iii) Apprehension test: (1) Must be reasonable (2) Apprehension is not to be confused with fear or intimidation. D misses, but P is frightened by the attempt. This is in accordance with the Restatement (Second) of Torts, although the Pennsylvania … If you need this or any other sample, we He is, however, highly embarrassed. The defendant fires a rifle. Held, false imprisonment requires that the P be held against her will unlawfully. To an extent, all threats are prospective. As plaintiffs with respect to comparative fault, children are given credit for their modified capacity as minors. 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. 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. Doe v. White, 627 F. Supp. (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. ”) (1) Whittaker v. Sandford – D induces P to sail with him from Syria to America, promising to let P off the boat as soon as it arrives in the U. S. The boat arrives at a U. S. port, but D refuses to give P a rowboat so that she can leave the yacht. truly extreme and outrageous. Seeing a child die in an automobile accident from a distance or receiving a letter from someone falsely claiming that a close family member had died are all examples of intentional infliction of emotional distress. (3) In comparative fault, children plaintiffs are given credit for their modified capacity as minors. 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. Held, false imprisonment is not suffered unless its victim knows of the dignitary invasion at the time of the incident or confinement. 2 min read. (4) He acts intentionally, but under fear or threats. vii) Time: The amount of time one is confined is irrelevant. (Example: D, a shopkeeper, negligently locks the store while P, a customer, is in the bathroom. (1) Example: D, a bill collector, threatens to punch P in the face if P does not pay a bill immediately. If P has a “glass jaw,” which is broken by the light blow, D has still “intended” to cause the contact, and the intentional tort of battery has taken place, even though the consequences – broken jaw – were not intended. ) . (iii)Children: 1. Pennsylvania law requires that victims pursuing a claim for intentional infliction of emotional distress show the conduct was intentional, extreme, and outrageous, the conduct caused emotional distress, and that distress was severe. (1) Threats: If D threatens to use force if P tries to escape, confinement exists. “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. (1) State Rubbish Collectors Ass’n v. Siliznoff – D threatens that if P, a garbage collector, does not pay over part of his garbage collection proceeds to D and his henchmen, D will severely beat P. Since D’s conduct is extreme and outrageous, and since he has intended to cause P distress (which he has succeeded in doing), D is liable for infliction of emotional distress. 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. For each individual tort, you have to memorize a different definition of “intent. (2) When considering those with a preexisting condition, the harm must in someway exacerbate the condition. Intentional Infliction of Emotional Distress Definition: The malicious and outrageous causation of severe emotional distress. 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. With respect to the medical community, there is no general right to take away the liberty of others. 2d 905, 912 (C.D. vii) Automatic examples of intentional infliction of emotional distress: (1) Intentional false reports of death. He shoots the plaintiff in self-defense. (c) There is no general right for law enforcement (police) to take away the liberties of another. Academic Content. Under law of torts, any breach of such duty will entertain monetary damages to the … Not always upheld in courts (Popper). (2) The intent to bring about the consequences. (a) Garratt v. Dailey – Brian Dailey, five years old, pulls a chair out from under P as she is sitting down. Held, a landowner owns not only as much of the space above the ground as he occupies, but also as much thereof as he may use in connection with the land. Damages for emotional distress have been permitted only where there are some means for assuring the validity of the claim. There is no strict liability. Intentio Inservire Debet Legibus, Non Leges Intentioni, 21st Century Nanotechnology Research and Development Act of 2003, Intentional Infliction of Emotional Distress. ” The test is whether or not the contact was permitted by the plaintiff. (3) Hardy v. LaBelle’s Distributing Co. – Plaintiff’s manager took P to an office and closed the door. Held, D has committed the tort of assault, even though P was not touched. FOR ONLY $13.90/PAGE, Using Emotional Intelligence to Communicate in a…, FAA v. Cooper – Oral Argument – November 30, 2011, Hustler Magazine, Inc. v. Falwell – Oral Argument – December 02, 1987, Planned Parenthood of Southeastern Pennsylvania v. Casey. D keeps the painting in his house for 10 years. Negligent infliction of emotional distress is defined as the causing of severe emotional trauma due to negligent action. If so, he meets the intent requirement for battery. ii) Intent: “Intent” for this tort is a bit broader than for others. ix) Conditional treat: Where D threatens the harm only if P does not obey D’s demands, the existence of an assault depends on whether D had the legal right to compel P to perform the act in question. iii) Harmful or offensive contact: If the contact is “harmful” – i. e. , it causes pain or bodily damage – this qualifies. Requires a balancing of factors between the harms & benefits of that which is creating the nuisance. ” After police leave P, he wanders into a highway and is struck by a car. There is no consent when it is based on fraud. D physically and verbally mimicked his handicap. Not all offensive conduct qualifies as intentional infliction of emotional … (2) Unless there is a legal guardianship (3) Unless there is mental incapacity. This is the balancing of the First Amendment. Courts expect a “tough skin. An IIED defendant focuses on hurting the victim either physically or psychologically, or acts without regard for that harm. Emotional distress damages are often sought after in personal injury cases. ix) Liberty: One person cannot give away the right to liberty of another. However, today, most courts find liability only if: (1) The plane enters into the immediate reaches of the airspace (below federally-prescribed minimum flight altitudes); and (2) The flight substantially interferes with P’s use and enjoyment of his land (e. g. , by causing undue noise, vibration, and pollution). (1) State Rubbish Collectors Ass’n v. Siliznoff – D threatens that if P, a garbage collector, … The act must be intentional or substantially certain, but the consequences need not be. (2) Different kind of tort intended: We saw above that if a defendant intended to commit an assault, and in fact struck the plaintiff, he will be deemed to have had the intent necessary for battery. Thus if A intends to frighten B by shooting near her, and the bullet accidentally hits C, A has committed a battery upon C. iv) Five “trespass writ” torts: (1) battery; (2) assault; (3) false imprisonment; (4) trespass to land; and (5) trespass to chattels. v) Future threats are generally not actionable. (Alcorn v. Anbro Engineering, Inc (1970) 2 Cal.3d 493, 497-498. A person who breaches a tort duty (i. e. , a duty to act in a manner that will not injure another person) has committed a tort and may be liable in a lawsuit brought by a person injured because of that tort. D threatens to shoot P, but does not intend to actually shoot P). A negligent defendant in an NIED case may not even know that the victim … Please, specify your valid email address, Remember that this is just a sample essay and since it might not be original, we do not recommend to submit it. 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. For example, he is liable when he shoots to freighted A (assault) and the bullet unforeseeably hits a stranger (battery). (Example: D, a pilot, loses control of the aircraft, and the aircraft lands on P’s property. 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