Torts 1

So long as ∆ desires to produce any forbidden consequence, he will be liable if anything happens.

• (1) ∆ commits a harmful or offensive contact,
• (2) Contact must be with π's person

• Person includes anything π is holding.
• ∆ need not use his own body to effectuate the contact, just needs to cause it or set it in motion.

• (1) ∆ places π in a reasonable apprehension of
• (2) Apprehension must be of an immediate battery.

There must be conduct. Words alone insufficient.

• Belief that ∆ is capable of carrying-out a battery
• Belief that a battery is imminent

How the bar exam will try to trick you: (i) David-and-Goliath, or (ii) the "unloaded gun" problem

• Must have menacing conduct/gestures
• Mere words alone lack immediacy
• But, words could negate ostensibly menacing gestures (e.g., "if you weren't my friend, I'd punch you")

• (1) ∆ commits an act of restraint
• (2) π is confined to a bounded area

Only counts if π knows about the restraint or is harmed by it

• Frequently encountered situations:
• (1) Threats (person of ordinary sensitivity), or
• (2) Omission of duty, where ∆ has a pre-existing obligation to help π move around (e.g., physically disabled).

An area is bounded only if π's freedom of movement is limited in ALL directions.

• Not in a bounded area if . . .
• (1) Reasonable means of escape, and
• (20 Means of escape can reasonably be discovered

Note: Escape is not reasonable if it is dangerous, disgusting, humiliating, or hidden

• (1) ∆ must engage in outrageous conduct; and
• (2) π must suffer severe distress

• Outrageous conduct = "Conduct exceeds all bounds of decency tolerated in a civilized society."
• Severe Distress ≠ "mildly" annoyed, irritated, or chagrined
• Reckless behavior can satisfy the "intent" requirement.

"Conduct exceeds all bounds of decency tolerated in a civilized society." Consider the following . . .

• Conduct is continuous and repetitive
• ∆ is a common-carrier or inn-keeper
• π is a member of a fragile class of persons (e.g., children, elderly pregnant women, hate-speech)

Note: Mere insults, without more, are not outrageous/actionable

• (1) ∆ commits an act of physical invasion by a voluntary act, and
• (2) π must be a possessor of land. (Ownership is irrelevant.)

• Intent = ∆ wanted/intended to get to a particular location through a voluntary act.
• Note: ∆'s knowledge (or intention) of whether he/she actually crossed a boundary line is irrelevant.

Modest interference with enjoyment of personal property—for example . . .

• Deliberate damage (keying your car),
• Temporary theft (unauthorized "borrowing")

• Fair rental value
• Cost of repair

Significant interference with the enjoyment of personal property.

Special Remedy—π can recover full market value (not just rental or repair)

Note: a bona fide purchaser for value cannot be a converter