-
Assault
- Assault is an intentional act caused by D creating a reasonable apprehension in plaintiff of immediate harmful or offensive contact to P's person
- 1) intent to cause apprehension (of immediate harmful or offensive contact to P)
- 2) D was the cause of P's apprehension
- 3) P's apprehension must be reasonable
-
Battery
- Battery is an intentional act caused by D which brings about a harmful or offensive contact to P or P's person
- 1) intent
- 2) harmful/offensive contact (to a reasonable person)
- 3) with plaintiff's person
-
False Imprisonment
- P must prove D intentionally confined P to a bounded area and causation.
- 1. Intent
- 2. Confinement to a bounded area (no reasonable means of escape)
- 3. Causation
- *the duration of the imprisonment is irrelevant, except for damages
-
Defenses to False Imprisonment?
- 1. Shopkeeper's privilege
- ---D reasonably believed that P stole
- ---D must confine P reasonable (manner and length of time)
- 2. Consent:
- ---Did P consent to the scope of the actual confinement that was done?
- 3. Privilege of Arrest
- ---a misdemeanor arrest without a warrant is privileged only if:
- ---1. the misdemeanor was a breach of the peace, and
- ---2. committed in the presence of the arresting party
-
Malicious prosecution
- 1) institution of criminal proceedings against P
- 2) termination favorable to P
- 3) absence of probable cause for prosecution
- 4) improper purpose of D
- 5) damages
-
Abuse of process
- 1. Wrongful use of process for ulterior purpose
- 2. Definite act or threat against p to accomplish ulterior purpose
-
Trespass to chattels
- D is liable for trespass to chattels if there is an intentional act caused by D that interferes with P's right of possession in the chattel that results in damages
- 1) intent (to interfere w/P's property)
- 2) P's property
- 3) damages - can be established by D's dispossessing P of his property
- Degree of harm: slight or modest interference
-
Conversion
- D is liable for conversion if there is an intentional act caused by D that interferes with P's right of possession in the chattel that is serious enough in nature or consequence to warrant that D pay the full value of the chattel.
- 1) intent (to interfere w/P's property)
- 2) P's property
- 3) Degree of harm: significant interference
- remedy: forced sale
- permanent deprivation, return in a substantially altered or damaged state
-
IIED
- IIED requires a showing of:
- 1) intent to cause severe emotional distress [recklessness OK!]
- 2) D commits extreme or outrageous conduct [transcends all bounds of decency]
- 3) Causation
- 4) Damages - P must suffer severe emotional distress
- Specific intent required!
|
|