General Intent
For a plaintiff to win, what must they allege in their complaint?
Each and every element of a cause
Do words alone count as assault? What is needed to prove assault (if not words alone?)?
Courts sometimes say that words alone cannot count as assault. Context is necessary
Assault is deemed "Touching of the ____" rather than touching of the _____
Mind; Body
Assault is "touching of the mind"
Is there confinement if there is reasonable means of escape?
No!
[ ] exists when one acts with (1) the purpose of causing contact, OR (2) the knowledge that such contact is substantially certain to result
What is Intent?
What is transferred intent? Give an example
When the tort transfers from assault to battery.
Ex: You threw a ball in the direction of a person not wanting to hit them but to scare them... you hit them. From assault to battery.
Define Imminent Apprehension
Possible Definition:
A reasonable person would have apprehension (not necessarily fear) that Conduct will occur NOW or really soon, and understand that the imminent touching WOULD BE BATTERY if completed
Or:
Imminent: "Imminent means that the conduct will occur without significant delay"
Apprehension: awareness of an imminent touching THAT WOULD BE BATTERY if completed
What is excessive confinement?
If a person is appropriately confined as an initial matter, but has been confined for an excessive period of time, the person can have a claim of false arrest or imprisonment.
Doctrine of Transferred Intent
Intent to commit a tort against one person will transfer should the act inadvertently cause harm against another person.
How to satisfy the "intent to injury" element of battery?
can be satisfied by either (1) an intent to cause a harmful bodily contact [cause the other physical injury]; OR (2) an intent to cause an offensive bodily contact [invade the other's reasonable sense of personal dignity]
Define Imminent Apprehension
Possible Definition:
A reasonable person would have apprehension (not necessarily fear) that Conduct will occur NOW or really soon, and understand that the imminent touching WOULD BE BATTERY if completed
Or:
Imminent: "Imminent means that the conduct will occur without significant delay"
Apprehension: awareness of an imminent touching THAT WOULD BE BATTERY if completed
A. [ ] is required by the victim is required to sue for False Imprisonment unless victim is B.[ ] If victim is B.[ ] by the confinement, there is a claim regardless of awareness of confinment.
A. Knowledge of confinement, B. Harm
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A. [Knowledge of confinement] is required by the victim is required to sue for False Imprisonment unless victim is B.[Harm] If victim is B.[harmed/injured] by the confinement, there is a claim regardless of awareness of confinment.
Doctrine of Extended Liability
Intent to commit a tort against one person will transfer to a second tort should the act inadvertently cause another tort to occur.
Elements of battery
Is an (1) act (2) intending to cause (3) harmful or offensive contact (4) AND the H.O. touch happens (5) (and in some states, without consent)
Elements of Assault
(1) Intentional act that is meant to
(2) cause harmful or offensive contact but contact does not happen
(3) OR imminent apprehension of such contact believed by a reasonable person
Elements of False Imprisonment
Actor (1) INTENDS and does (2) "confine" another (3) "within boundaries fixed by the actor" (4) AND the victim is "conscious of the confinement" OR "is harmed by it" (5) EXCEPT if there is reasonable means of escape
Dual vs. Single Intent
Dual: Intending to make contact AND intending to harm & offend
Single: they intended to commit the harmful/offensive action
OR another way:
Dual intent requires both that one intend to make the contact and that one intend for the contact to be harmful or offensive.
Single intent requires only that one intend to make the contact.
What Contact is offensive?
Hint: 2 parts
Contact is offensive if either (a) contact offends a reasonable sense of personal dignity, or (b) the contact is highly offensive to the other's unusually sensitive self, AND the actor knows the contact will be highly offensive to the other
Give an example of negating language, a conditional threat, or a choice between tortious alternatives... and which would be considered "imminences"?
Negating language most likely destroys imminence. Ex. “I would punch you if your mother wasn’t here”
A conditional threat most likely destroys imminence. Ex. “If you do not leave me alone, I will hit you.”
Words offering a choice between tortious alternatives will most likely constitute imminence. Ex. “Either give me
your wallet, or I will shoot you.”
What are means and time of confinement?
Hint: there are 4 main ones
Confinement can be imposed by physical barriers, physical force, mere threats of physical force, the false assertion of legal authority, or by other unspecified means of duress.
Any confinement, if intentional, however short is confinement