Battery
Name the prima facie case for battery.
(1) A acts,
(2) intending to cause a contract with P
(3) the contract with P that A intends is of the harmful or offensive type and
(4) A's act causes P to suffer a contact that is harmful or offensive
Name the prima facie case for assault.
1. Acts
2. Intending to cause P the apprehension of an imminent harmful or offensive contact with P, and
3. A's act causes P reasonably and actually to apprehend such a contact
Name the prima facie case for false imprisonment.
(1) A acts,
(2) intending to confine P
(3) A's act causes P to be confined and
(4) P is aware of the confinement
Name the prima facie case of IIED.
An actor can be held liable for conduct that is
(1) outrageous and extreme
(2) with specific intent/general intent/or reckless disregard and
(3) P suffers severe mental distress
What is the prima facie case of trespass to land?
What constitutes a plaintiff's 'person'? Can you give an example?
anything reasonably connected to the plaintiff's body
Ex: knocking a plate out of someone's hand ; kicking someone's dog while they are on a leash
Do mere words constitute an assault?
Usually not!
Factors to consider: relationship, disparity in size/gender, gestures, tone of voice
Define confinement.
bounded physical space
1. physical exit = impossible
2. exit that poses a significant risk of harm
3. reasonably perceive that they are prevented from leaving
Define outrageous and extreme conduct.
What is the prima facie case for conversion?
Act - actor volitionally takes control of chattel
Intent - purpose to exercise control of chattel
Causation - severely interferes with the right of another to control it
What is "egg-shell" liability?
defendant is liable for battery even if they intended a harmless joke, but physical injury resulted
Is there an assault if someone waives a gun that is not loaded?
Yes!
Remember: intent to make contact NOT required
Can you be falsely imprisoned if you are free to move/leave? If so, how?
(1) plaintiff's children or property is being seized
(2) risk of loss reputation or embarrassment by exiting
What are the factors to consider whether there is severe mental distress? (5)
(1) physical symptoms that lasted a long time
(2) psychological symptoms that lasted a long time
(3) medical treatment was sought & condition was diagnosed
(4) impairments to daily functioning (work, marriage)
(5) severity of defendant's conduct itself
What is the prima facie case for trespass to chattel/personal property?
Act - Actor volitionally takes control of chattel
Intent - purpose to exercise control of chattel
Causation - dispossess the chattel; chattel is impaired as to it's condition, quality or value; possessor is deprived of the use of chattel for substantial time; bodily harm is caused to the possessor
If there a valid battery claim?
At a party, Dana throws her drink at Riley out of annoyance. The drink hits Riley’s jacket, soaking it.
Yes!
Act - throwing the drink (offensive conduct)
Intent - specific intent
Causation - liquid hitting Riley's jacket (apart of the plaintiff's 'person') (offensive conduct made)
Is there a valid assault claim?
From across the parking lot, Mia shouts, “Next time I see you, I’m going to break your nose!” She makes no move toward Jordan.
No!
Act - shouting at Jordan
Intent - no intent to cause reasonable apprehension of IMMINENT contact
Causation - no reasonable person would fear IMMINENT contact
Valid false imprisonment claim?
A rideshare driver, annoyed at a bad tip, ends the ride in the middle of a remote desert road. The driver tells Mia, “Get out — there’s nowhere else to go,” and drives off. The nearest town is miles away and unreachable on foot.
Yes!
Act - rideshare driver leaving Mia in the remote desert
Intent - specific intent
Causation - Mia is aware of the confinement & is confined even though it is not a physical boundary because escape is (1) impossible or (2) unreasonably dangerous to a reasonable person
When, and only when, can the intent element of IIED be transferred? (2)
(a) to a member of a person's immediate family who is present at the time
(b) to any person present at the time, if such distress causes bodily harm
What is "secondary" trespass liability?
actor committed trespass at direction of homeowner through another person
Is there a valid battery claim?
Believing the person in front of him is a friend, Alex sneaks up and slaps them on the back. It turns out to be a stranger.
Act - slapping on the back
Intent - specific intent to make contact (contact is offensive)
Causation - stranger getting slapped on the back (offensive contact made)
Valid assault claim?
Olivia unleashes her large dog and orders it to “get” Parker. The dog charges, barking.
Yes!
Act - telling the dog to "get" parker
Intent - to cause reasonable and imminent apprehension of getting harmed by the dog
Causation - Parker reasonably feared imminent harmful contact from the dog
Mason walks into TrendWear, a clothing store, carrying his own black backpack. A store employee, Lila, notices that a security tag on a jacket near Mason is missing. She also sees Mason adjusting something inside his backpack, though she cannot see what it is.
When Mason heads toward the exit, Lila steps in front of him and says, “I need to check your bag before you leave.” Mason refuses and tries to keep walking.
Lila places her hand on Mason’s shoulder and guides him into the store’s small security office. She closes the door but does not lock it. She tells Mason he cannot leave until he lets her inspect the backpack. After ten minutes of arguing, the store manager arrives and opens the backpack with Mason’s reluctant permission. Inside is only Mason’s laptop and lunch. No store merchandise.
The manager apologizes and lets Mason go. Mason sues Lila and the store for false imprisonment.
The store is likely to avoid liability through shop-keeper's privilege.
(1) Lila had reasonable belief that Mason had stolen
(2) detention was for 10 minutes, which is a reasonable time
(3) detention was not in a unreasonable manner
What is the difference between public and private speech for IIED claims? What are the liability for each?
1. Public Issues = speech that relates to political, social, or other concern of the community ; no liability under IIED
2. Public Issues =speech that is directed at a specific individual ; liability under IIED
Conversion or Trespass to Chattels or neither?
Rina leaves her bike unlocked outside a café. Theo, running late for class, grabs the bike and rides it across campus without asking. He returns it thirty minutes later, leaving it where he found it. The bike now has a bent wheel and scraped paint.
Trespass to Chattels!
not a dispossession for substantial time but impairment of the bike's condition/quality/value BUT NOT THE FULL VALUE