intentional torts + defenses

an actor is liable for battery if there is both ____ and _____

intent to contact, a harmful or offensive contact directly or indirectly occurs

intent requirement for battery

intent to cause contact OR at least knowledge of a substantial certainty that contact will occur

single intent battery

intent to contact

dual intent battery

intent to cause harmful/offensive contact

harmful contact

physical impairment of the condition of another’s body

offensive contact (and case?)

contact that offends a reasonable sense of dignity (racist plate snatch)

direct contact

contact against the body

indirect contact (and cases?)

contact against smth closely identified w the body, precipitated through any material substance (racist plate snatch, strobe GIF, pipe smoking)

3 elements of assault:

1. intent to frighten

2. reasonable fright results

3. immediacy requirement

“subjective fright”

fear occurred in the assault victim

“objective fright” (and case?)

the fear of the assault victim is objectively reasonable (louisiana trick or treat)

immediacy requirement of assault (and case?)

actor has the apparent and present ability to cause harm (billboard phone threats)

doctrine of transfer of intent (and case?)

an actor’s intent to commit assault against one victim can be transferred to their intent to commit battery on a different victim (drive-by shooting case)

an actor is liable for false imprisonment if there is both _____ and ____ results and ____

intent to confine another, the confinement is total, the other is aware of it

is malice required for intent to falsely imprison? (and case?)

no (one-legged stuck in jail)

what counts as detention? (and case?)

must be absolute restraint (comair cincinnati, kentucky)

the three reasonables for shopkeeper’s privilege: (and case?)

1. based on reasonable belief

2. in a reasonable manner

3. for a reasonable amount of time

(peanuts walmart)

an actor is liable for trespass on land if:

there is intent to physically enter/invade the land of another

an actor is liable to trespass to chattel if:

there is intent to interfere w/chattel through dispossession and harm results

is malice required for the trespass intent requirement? (and case?)

no (gambling facility)

trespasser is liable for anything that occurs when?

during duration of the trespass

what is considered the duration of the trespass (and case?)

as long as the invasion of property lasts (yard trench heart attack)

intermeddling

messing w/stuff; no claim

dispossession

taking of stuff/deprivation of use, claim

conversion

is not trespass to chattel; taking and selling of stuff

intentional infliction of emotional distress requires both _____ and _____ and _____

intent to cause emotional distress, outrageous conduct, severe emotional distress as a result

is it outrageous conduct? (and cases?)

was there an abuse of power or knowledge of susceptibility? (belligerent salesmen) was it unique and unusual behavior? (cheating wife + stewart requirement)

how to prove severity of emotional distress (and case?)

many things can prove, expert testimony not necessary (drug addict mother rumors)