Battery
Name the elements of Battery
1. VA
2. Intent of harmful or offensive contact
3. Causation
4. Harm
What are the elements of False Imprisonment?
VA
Intent to detain
Causation
Detention
What are the elements of Trespass?
VA
Intent to be at the place without consent
Outrageous conduct
Intent to cause distress or reckless behavior that will reasonably cause harm
Causation
Severe emotional distress
Name the elements of Assault
VA
Intent of apprehension of battery
Causation
Apprehension of imminent battery
Can you be liable for battery and liable for negligence at the same time? Name the case that talks about this.
No! The firecracker shoe case. Waters v. Blackshear
Is "good faith" a defense for false imprisonment? Give an example.
No.
Whirl v. Kern (Jailed Houstonian)
Is ignorance of trespass/lack of intent to be on the property a defense?
No! Doesnât matter what you intend, you just have to touch property. (Must be a volitional act though)
Ex: Thomas v. Harrahâs (construction of wall)
What is outrageous conduct?
âTo be outrageous the conduct must be so extreme in degree as to go beyond all possible bounds of decency to be regarded as atrocious and utterly intolerable in a civilized communityâ Strauss v. Cilek
1. Can words alone constitute assault?
2. Are fear and apprehension the same thing?
1. Nope! You need a threatening circumstance.
2. Nope! Apprehension can exist without fear. Apprehension can still be present when even if the Plaintiff was too courageous to be frightened or intimidated
Give an example of an indirect offensive contact. Bonus points if you can name or describe three cases that describe this.
1. Fisher v. Carousel Motor Hotel (NASA buffet)
2. Richardson v. Henley (Smoke office)
3. Eichenwald v. Rivello (Seizure GIF)
What is the definition of "detention?" Does the restraint need to be total?
âAny exercise of force or threat of force by which in fact the other person is deprived of his liberty and compelled to remain where he does not wish to remain or go where he does not wish to go.â
Ex: Smith v. Comair, Inc. (Airport guy can just LEAVE)
What is the scope of liability for trespass? Can you name a case that describes this?
You are liable for harms occuring during your trespass.
Baker v. Shymkiv (driveway ditch case)
Does IIED need physical symptoms to be recoverable? What kind of distress must the plaintiff be in?
Nope! SEVERE emotional distress. Distress does not have to be medically measured, but that can still help in a case.
Miller v. Willbanks, MD ("you drugged your baby!")
Jones v. Clinton (emo distress not severe enough in sexual assault case)
How do we determine if apprehension was reasonable? Give a case example if you can! (Hint: my favorite holiday)
The subjective (plaintiffâs actual state of mind) and objective (reasonable person under similar circumstances) must experience apprehension for liability for assault to attach.
Bouton v. Allstate Ins. Co. (Guy shoots a kid on Halloween)
What is an offensive contact? Bonus points if you can name a case.
Contact would offend the reasonable person's sense of personal dignity
White v. University of Idaho (offensive piano contact resulting in harm)
What is shopkeepers privilege?
Legal justification for shopkeepers to reasonably detain suspected shoplifters in order to protect property (affirmative defense)
Must be reasonable manner, reasonable period, and reasonable belief
Walmart Stores Inc. v. Resendez (Bag-o-Peanuts)
What is dispossession and what is intermeddling? Can you recover damages for either?
Dispossession: Depriving someone of their property. Nominal damages unless property is actually damaged as a result of dispossession.
Can you think of a constitutional protection to outrageous speech? Can you give an example? What is the difference between public and private speech?
The First Amendment boiiiii
Snyder v. Phelps (homophobic church)
Describe "Transfer of Intent"
What tort does it relate to?
Intent of apprehension and intent of contact for battery can be transferred, such as when an attempted assault results in an accidental battery.
Hall v. McBryde (shooting the "yutes")
Caroll (Pistol whipping)
What is the difference between single and dual intent? Can you name the case examples?
Single intent only requires the intent to make an unpermitted contact. Dual intent takes into account the intent to cause harm or offense.
White v. University of Idaho (piano teacher strikes a wrong chord)
White v. Muniz (Nursing home patient does kung fu)
BONUS QUESTION! Name four defenses to intentional torts.
1. Consent
2. Defense of Self
3. Defense of Others
4. Defense of Property
What is conversion?
Unauthorized, significant interference with another person's right to possess their personal property (chattel), effectively depriving them of it. It is a strict liability tort, meaning good faith or honest mistake is no defense.
BONUS QUESTION! Is consent a valid defense when there is fraud involved? Can you name some examples?
Fraudulent concealment eviscerates consent.
Hogan v. Tazel (Concealed knowledge of STD)
McPherson v. McPherson (No knowledge of STD)
Why do we have a recovery for assault? What are we trying to protect?
Designed to protect oneâs mind. To provide redress for the D having created in the mind of the P an apprehension of an impending battery.