The flashcards below were created by user
on FreezingBlue Flashcards.
desires or is substantially certain the conduct will occur
intentionally causes harmful or offensive contact with the victim’s person
- intentionally causes victim's reasonable apprehension of immediate harmful or offensive contact.
- The Restatement, unlike many courts, deletes the requirement that apprehension be “reasonable”
- victim must perceive that harmful or offensive contact is about to happen to him
- victim's apprehension must be of imminent harmful or offensive contact
intentionally cause confinement or restraint of the victim within a bounded area.
- by extreme and outrageous conduct, intentionally or recklessly causes the victim severe mental distress.
- The majority held that a public figure could not recover without proving such statements were made with New York Times malice, i.e., with “knowledge or reckless disregard toward the truth or falsity” of the assertion.
- recklessness, in addition to intent, generally suffices for liability
- Courts have usually awarded a third-party victim recovery
- only if, in addition to proving the elements of the tort, she is (1) a close relative of the primary victim; (2) present at the scene of the outrageous conduct against the primary victim; and (3) the defendant knows the close relative is present.
- Restatement is somewhat less restrictive, requiring only that a primary victim's immediate family members be present and can prove the elements of the tort. Non-relatives who satisfy the elements of the tort can also recover under the Restatement if they are present and suffer physical manifestation of severe distress.
- Common carriers and innkeepers are liable for intentional
- gross insults which cause patrons to suffer mental distress.