Assault
Definition of Assault
What is the intentional causing of reasonable apprehension of immediate/imminent harmful contact in another
Definition of Battery
The intentional harmful or offensive contact with the person of another
Definition of IIED
What is intentional engagement in reckless or outrageous conduct which causes severe emotional distress in another
Definition of False Imprisonment
What is the willful detention, confinement, or restraint of someone in a bounded area?
Definition of Trespass to Chattel
What is the intentional intermeddling or use of chattel in another's possession
In conjunction with threatening words, this is also needed to find an assault
What is a threatening action
(Dickens v. Puryear, Restatement (Second) of Torts Section 31)
The single intent definition of Battery
Tortfeasor must intend the action which resulted in the harmful/offensive contact, not intend the harmful/offensive contact itself
Definition of outrageous behavior
The right of a shopkeeper to detain someone who is reasonably believed to have shoplifted for a reasonable amount of time and in a reasonable manner
What is shopkeeper's privilege?
Definition of Conversion
What is the intentional exercise of dominion and control over chattel which seriously interferes with another's right to control it
Chronologically, the plaintiff must believe that the harmful/offensive contact will happen _____________
Immediately or without significant delay
(Vetter v. Morgan)
Definition of Offensive Contact
Threats for the future are actionable, if at all, not as _____, but as ______
Assaults
Intentional inflictions of emotional distress
The time required to have passed in order for one to be considered falsely imprisoned
What is any amount of time?
The six factors for determining if an interference with chattel is serious enough to constitute conversion
(1) The extent and duration of the actor's exercise of dominion and control
(2) The actor's intent to assert a right in fact inconsistent with the other's right of control
(3) The actor's good faith
(4) The extent and duration of the resulting interference
(5) The harm done to the chattel
(6) The inconvenience and expense caused to the other
Definition of reasonable apprehension
What is a reasonable belief that the tortfeasor's act will lead to offensive/harmful contact, not fear but awareness that the contact might occur
The doctrine which allows an intentional tort to be recovered for by someone who was not the intended victim of the tort
What is transferred intent?
Hall v. McBryde
Although mere insulting language may not constitute extreme/outrageous behavior, insulting language plus this circumstance can be considered extreme/outrageous
What is defendant's awareness of plaintiff's susceptibility to emotional distress?
Methods of confinement qualified as ways to falsely imprison someone.
Physical Barrier
Force or Threat of Immediate Force
Omission where a defendant has a legal duty to act
Improper Assertion of Legal Authority (False Arrest)
The Single Intent definition of Assault
Tortfeasor must intend the conduct (threatening words and actions) but does not need to intend the causing of reasonable apprehension in the plaintiff.
Consent, Section 53 of The Restatement of Torts reads:
"To constitute a consent, the assent (agreement) must be to the invasion itself and not merely to the act which causes it."
In simple terms, what does this mean?
Invasion = The expected/foreseeable harm from an act
Act = The engagement in an activity which may result in an invasion
Consent does not apply to unexpected harms which come from engaging in an act.
What were the common factors in both Alcorn vs. Anbro Engineering Inc. and Swenson vs. Northern Crop Insurance Co. which contributed to plausible IIED claims in those cases?
(1) Abuse of Power
(2) Discriminatory targeting
(3) Repetition of emotionally harmful words/acts
Elements of a necessity affirmative defense to a false imprisonment claim
(1) Defendant must have acted under the reasonable belief that there was a danger of imminent physical injury to the plaintiff or others
(2) The right to confine a person in order to prevent harm to that person lasts only as long as is necessary to get the person to the proper lawful authorities
(3) The actor must use the least restrictive means of preventing the apprehended harm