Battery
What are the elements of a battery?
Act + Intent + Causation +
Harmful or Offensive Contact with the Plaintiff’s Person
Fill in the blank:
An assault is a purposeful act that cause an _________ of a harmful or offensive contact.
Apprehension
(Double Jeopardy - Double Points)
State five methods of confinement in 10 seconds.
Physical Barrier, Physical Force, Threat of Present Physical Force, Assertion of legal authority, refusal to release
What does IIED stand for?
False Imprisonment/False Arrest
What are the types of intentional torts against property?
Trespass to Land
Conversion
Trespass to Chattels
Nuisance
What is the interest protected by battery?
Right of a person to be free from unwanted, intentional physical contact with another person, made without permission
What is the difference between a battery and an assault?
Battery is the offensive or harmful contact (the actual contact) and assault is the apprehension of such contact.
What are elements of false imprisonment?
1.An act that completed confined the plaintiff within fixed boundaries set by the defendant
2.Intent to cause confinement
3.Causation
4.Consciousness of the confinement or physical harm to the plaintiff
(Double Jeopardy - Double Points)
What are the elements of IIED?
1.An act of extreme or outrageous conduct
2.Intent to cause severe emotional distress
3.The plaintiff suffers severe emotional distress
4.Causation
What is the “legal” name of personal property?
Chattels
Snatching a plate aggressively from someone’s may be considered a battery. True or False? and Why?
True
Because it is part of the plaintiff's person.
(Double Jeopardy)
The harmful or offensive contact can include threats of future contact. True or False? Why?
False, because the apprehension of fear must be immediate, although not instantaneous.
Two students went out for lunch and when they arrived back on campus, the student driver jokingly got out of the car first and then locked the door. Is there false imprisonment of the passenger student? Why or why not.
No. There is a reasonable means of escape – the passenger student can unlock the door from inside.
How outrageous or extreme should the conduct be?
Appalling, atrocious, completely intolerable.
Conduct that would shock the conscience of society.
The neighbor’s friend accidentally entered into the property of the next door neighbor.
What type of Intentional Torts Against Property?
Trespass to land
(Double Jeopardy - Double the Points)
What is the name of the case that discusses about the plaintiff’s person? State the full case name (excluding the citation).
Fisher v. Carrousel Motor Hotel, Inc. (1967)
What was the main factor the Court looked at in Hilgefort v. Stewart to conclude that there was an assault by Stewart?
The physical differences between Hilgefort and Stewart.
Hilgefort – 5ft10inches, 185 pounds
Stewart – 6ft1inch, 228 pounds
What if a student was riding the clear, glass elevator at ANH from the HILS lobby to the 3rd floor. The elevator maintenance man did not know someone was riding the elevator, shut down the elevator from the first floor to fix some connectors in the elevator. The elevator stopped mid-point and the student could not get out. False Imprisonment?
No. No awareness. Although not false imprisonment, the maintenance man may be liable for negligence and IIED, if the student also suffered severe mental distress.
Give two examples of an outrageous or extreme conduct
Driving 50mph towards someone;
Holding a knife in front of someone and threatening them
A student took the bike and never returned it to the owner.
What type of intentional torts against property?
Conversion
Professor Kim was walking around campus. A student approached her and tapped her on the shoulder to say hi and to take a picture. Is there a battery claim?
Yes or No, and why?
No. Because a tap on the shoulder will not be considered an offensive contact to a reasonable person.
A student was taking pictures with his team. He had a tripod for the camera. As he picked up the tripod to change spots, he accidentally lost grip and the tripod almost hit one of his team members. The team member got scared because the tripod almost hit her. Assault? Explain why.
No, because there was no intent. No substantial certainty that an apprehension of offensive or contact harm. Moreover, it was not a voluntary act.
What was a principle mentioned from the Coblyn v. Kennedy’s, Inc case that gives shop owners the ability to hold a suspect of larceny for questioning?
Shopkeeper’s Privilege (Merchant's Privilege)
Professor Helio was grading assignment when he realized that one of the student did not turn in his assignment. Professor Helio sends an email to the student. The student did not reply. Professor Helio calls the student. The student picks up and tells Professor Helio that he will do his best to submit by the end of the week. The student says he was emotionally distressed because a professor called him for a missed assignment. Is there a case of IIED? Why or why not?
No, because the conduct of Professor Helio's was not extreme or outrageous.
(Double Jeopardy - Double Points)
Bob borrowed John’s car for the day with John’s permission. Bob decided to stay overnight at his parent’s house and returned the car the next day to John. He returns the car the next day with scratch marks on the side of the car.
What type of intentional torts against property?
Trespass to Chattels