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Is there an incapacity defense for intentional torts?
No incapacity defense for intentional torts
Applies to children, elderly, mentally ill defendants
What is intent?
Desire to produce a legally forbidden consequence
What does every intentional tort require?
D must have intent to commit legally forbidden consequence
Elements of Battery
1. D must commit harmful or offensive contact
Offensive Contact: not permitted by reasonable or normal person
2. Contact must be with P's person
Includes anything connected or attached to P
Elements of Assault
1. D places P in reasonable apprehension
P must be AWARE of D's conduct
2. Apprehension must be of immediate battery
Words alone NOT ENOUGH
Words can also mitigate prior menacing action/gestures
Elements of False Imprisonment
1. D must commit act of restraint
P MUST BE AWARE of confinement or suffer harm from it
2. P must be confined in bounded area
Examples of sufficient restraint
Omission/failure to act if D owes duty to P
Exception to False Imprisonment
Area NOT BOUNDED IF reasonable means of escape that P can reasonably discover
If there is reasonable escape available to P, P will NOT WIN false imprisonment claim
Elements of Intentional Infliction of Emotional Distress
1. D commits outrageous conduct
Define outrageous conduct
: conduct that exceeds all bounds of decency tolerated in civilized society
- 1. Mere insults
2. Exercise of 1st Amendment free speech right may be outrageous conduct BUT constitutionally privileged
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