TORTS MIDTERM RULES AND RESTATEMENTS :(

Battery Rule Statement

To prevail in a C/A for battery, the P must show that the D: acts volitionally w/ intent to cause a harmful or offensive contact (or reasonable and imminent apprehension of such a contact) w/ another person or a 3^rd person, and a harmful or offensive contact w/ the other person directly or indirectly results w/out consent or lacking privilege.

Assault Rule Statement

To prevail in a C/A for assault, a P must prove that the D acted volitionally w/ intent to cause the P reasonable and imminent apprehension of a harmful or offensive contact w/out consent or lacking privilege.

False Imprisonment Rule Statement

To prevail in a C/A for false imprisonment, a P must show that the D acted volitionally w/ intent to detain or confine a person to a bounded area and that person is either aware of the confinement or harmed by the confinement without consent or lacking privilege.

T/C Rule Statement

To prevail in a C/A for T/C. a P must prove that the D acted with the intent to interfere w/ the P’s right of possession in the chattel and that the D was the legal cause or set in motion that which caused the interference and damages resulted w/o consent and lacking privilege.

Conversion Rule Statement

To prevail in a C/A for conversion, a P must prove that the D acts w/ the intent to exercise dominion and control which seriously interferes w/ the P’s right of possession in the chattel w/out consent or lacking privilege.

IIED Rule Statement

To prevail in a C/A for IIED, the P must prove that the D acted volitionally w/ intentional or reckless conduct that was extreme and outrageous and caused severe emotional distress without consent or lacking a privilege.

T/L Rule Statement

To prevail in a C/A for T/L, the P must prove that the D acted volitionally with intent to enter the land of another and did enter another’s land without consent or lacking privilege.

RST 1

Two types of intent (specific and general)

RST 5

Intent creates liability

RST 13

Elements for Battery

RST 16

Transferred Intent, traditional and modern views

RST 18

Liability for Offensive Contact (acts intending to cause offensive contact, contact occurs directly or indirectly)

RST 19

Offensive Contact (offends reasonable sense of personal dignity)

RST 21

Elements of Assault

RST 31

Words Alone (don’t make a person liable unless coupled with other acts and circumstances that would put the other in reasonable and imminent apprehension)

RST 35

Elements of False Imprisonment

RST 36

Boundaries must be complete, reasonable means of escape, not liable for not letting go where they want to go

RST 40

Threat Upon Exit

RST 40a

Duress upon Exit

RST 41

Asserting Legal Authority

RST 120(a)(1)

Shopkeeper’s privilege (reasonable belief, manner, time)

RST 121

Officer Privilege

RST 46

Elements for IIED

RST 46(2)

Third person liability (immediate family member w/o bodily harm, another 3rd party with bodily harm)

RST 46, com. E

Position of Power

RST 46, com. F

Knowledge of special sensitivity

RST 46, com. J

No reasonable man could be expected to endure (depth and duration)

RST 48

Employer liability

RST 158

Entering the land of another (simply entering, another thing, third party, remaining)

RST 159

On, beneath, or above the surface (if interferes substantially with use and enjoyment)

RST 162

Trespasser assumes liability for any act done, activity carried on, or condition created by the trespasser

RST 163

Subject to liability even if there is no harm

RST 217

Elements of T/C

RST 218

Liable for T/C only if he dispossesses, impairs condition quality or value, deprived of use for substantial period of time, or bodily harm is done

RST 221

Taking, obtaining through fraud or duress, barring access, destroying, or taking into custody the chattel of another

RST 221 com. B

Dispossession = Destruction or Dominion and Control

RST 222

Elements of conversion, dispossession so severe it may constitute a conversion

RST 222A

required to pay full market value (extent and duration of control, asserting control inconsistent with anyone else having control, good faith, resulting interference, harm done, inconvenience and expense)

RST 223

Types of conversion: dispossessing, destroying/altering, using, receiving, disposing, misdelivering, refusing to surrender