Is Leo Liable For Assault Towards Ellen?

991 Words Nov 25th, 2015 4 Pages
Issue No. 1: Is Leo liable for assault towards Ellen?
Issue No. 2: Is Leo job responsible for actions?
Issue No. 3: Does Ellen have an intentional infliction of emotional distress cause of action?
Issue No. 4: Is Leo liable for negligence?

Rule No 1: An act intended to create a reasonable apprehension of imminent harm that is either harmful or offensive”.

Rule No. 2: The employee required the employee to work under the direction and control of the employer; the employer had inherent authority to control the employee; and the employee’s actions are within the scope of employment.

Rule No. 3: Outrageous conduct by the defendant; the defendant’s intention of causing or reckless disregard of probability of causing emotional distress; the plaintiff’s suffering severe or extreme emotional distress; and actual and proximate causation of the emotional distress by the defendant’s outrageous conduct.

Rule No. 4: Duty, breach causation and damages.

Analysis No. 1: Ellen has been very distressed by Leo’s conduct for about six months and she tries to avoid being around him. After moving to different tables several times, Leo grabbed Ellen. The first element, I need to address whether Leo acted with the intent to create. Here, Leo acted, intending to cause harmful contact by grabbing Ellen as he attempted to pull her head towards him, so this element is easily met.

The next element is whether a reasonable apprehension was committed by Leo. Ellen was apprehensive when she saw his…

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