Assault and battery
What is the definition of battery?
The intentional infliction of offensive or harmful bodily contact.
What is the definition of FI?
Intentional infliction of a confinement to a third person, when
the person is conscious of it or harmed by it.
What is the definition of trespass to land?
Probably: intrusion on seclusion.
What is the main difference between assault and battery?
What is confinement?
Means that a person is kept to certain boundaries (unless these boundaries are so large that they don't count as boundaries anymore).
Yes (intentional introduction of an object in B's land)
A receives a B+ on the exam. Grades are supposed to confidential. B, who somehow learned about the grade, tells everyone A received a B+.
Is A liable to B?
Probably, not because one element of public disclosure of private facts is missing:
Publicity
Regarding a matter of private life
Highly offensive to a reasonable
person (probably not)
Not of legitimate public concern
What are the two types of transferred intent?
Intent to commit a tort on A counts as intent to commit a tort on B
Intent to commit one tort against A counts as intent to commit another tort to A
A take B's bike by mistake and brings it back 15 minutes later. Is that trespass to chattel, conversion or none of the above?
Probably trespass to chattel.
A uses AI to create an "avatar" of B's and uses the avatar of B in a TV commercial. Is A liable to B?
Probably yes. A committed appropriation of likeness:
-appropriation (=unauthorized use)
• Of a person’s name or likeness
• For the benefit of the defendant
A says to B: "I don't like the color of your Bluebook" and destroys B's car with a flame thrower in B's presence. Is that a battery, an assault or neither of them?
There is no bodily contact, therefore no battery. Probably not an assault either (unless there was some kind of implied threat to burn B).
A tells B: "You are an idiot". B falls into deep depression. Is that IIED?
Probably not. One time petty insults normally don't qualify as extreme and outrageous conduct.
A steals B's bike and brings it 15 minutes later. T to C or conversion?
Conversion (because of the weight of the bad faith factor).
A tells everyone at school: "B got a B on the exam". A actually got A-. Is A liable to B?
Probably not, because B- is not "highly offensive".
Yes. This is a battery.
Infliction of offensive contact (with sleeping pill)
Intent (A wants B to drink the sleeping pill)
A tells B: "If you get out of the apartment, I will post pictures of you in pajamas on the internet." Is that FI?
Probably not: the threat to reputation is probably not high enough to constitute "confinement"
What is the remedy for conversion and why does it matter?
The full price of the chattel. This is why conversion is sometimes compared to a forced sale.
A writes a biography about B, describing B as an alcoholic, based only on the testimony of B's ex-partner. B produces 10 witnesses testifying that B never drinks.
Is A liable to B?
Probably.
1) Publicity
• 2) False facts
• 3) Facts highly offensive to a reasonable person
• 4) Knowledge the facts are false or reckless disregard for truth (also
know as “actual malice”) (no serious verification that B is alcoholic)