Week 2 - Battery, Assault, and False Imprisonment

What are the elements of battery?

1) intentional 2) touching 3) that is harmful OR offensive

What does “intimately connected with" mean, and what tort does it relate to?

That "touching" can be an object related to someone (ex. of hotel employee grabbing plate from person's hand) - related to battery

How is battery analyzed in dual intent jurisdictions?

1) intent (for the act AND for the harm), 2) touching, 3) harmful OR offensive (objectively harmful or objectively offensive)

Can someone be battered if they aren't aware of it?

yes, even if they are contemporaneously unaware (ex. unconscious) - NOT the case for assault or F.I.

If the gist of battery is physical, what is the gist of assault?

emotional

what are the elements of assault?

1) intentional act 2) to cause a harmful or offensive contact OR imminent apprehension of such contact, 3) the other experiences such imminent apprehension

Is assault single or dual intent?

always dual

For battery and assault, do you need to be aware?

For battery, no - for assault, yes

Does leering count as assault?

no

Exlain the difference between the "rocks and guns" analogy

merely having a rock isnt enough to constitute assault (unless thrown and are reasonably close) but having a gun always constitutes assault due to their dangerous nature

Is fear required for assault?

no, only apprehension that it could happen

When does fear play a role in assault?

only in damages, not in actual assault

Are there mergers in tort law? Why/Why not?

no, plaintiff can sue and recover for both. because there are no "attempts" in tort law (ex. attempted battery)

What are the elements of false imprisonment?

1) intentional 2) restraint 3) that is unjustified

Is F.I. single or dual intent tort?

single. only intent to restrain is required

Is restraint satisfied in F.I. if someone is allowed to move among very extensive grounds?

yes, if someone isn't allowed to leave an area, that counts

Is being kept out of an area F.I.?

no, F.I. requires inclusion not exclusion

What are the elements of unreasonable means of exit:

Plaintiff doesn’t know about it / it’s not apparent, It requires exposure of the person (clothes taken while skinny dipping), It requires material harm to clothing (ex if you had to tear your clothes to escape), It requires danger of substantial harm (having to escape through a sewer)

Does victim need to be aware of restraint for F.I.?

yes. ex. locking a drunk man in a room and unlocking it before he wakes up

How did the restatement of F.I. change the def.?

Either being aware of the imprisonment OR being harmed (ex. of drunk person. may not remember since they were drunk, but did get harmed when hit by a car)

Does "moral persuasion" count as restraint?

No. if someone chooses to stay, that's on their own accord

what are the ways to be restrained?

1) actual or apparent physical barriers 2) overpowering physical force or submission to force 3) submission to threats of force 4) other duress (ex. threat to family member - otherwise it's hard to define), 5) asserted legal authority (sometimes called false arrest) (ex. police officer flashing badge)

What is false arrest?

element 5 of being restrained. false arrest is nullified if defendant is convicted of the same crime