Torts I

• 1) Defendant must commit harmful (unpermitted) contact;
• 2) w/ plaintiff's person (including what they are holding)

Notes: Battery may occur over time e.g.

• 1) Defendant places P in a reasonable apprehension (knowledge of);
• 2) an imminent battery.

Note: Apprehension is objective but depends on what he knows, e.g. is the gun loaded?

• 1) Def. must commit an act of restraint;
• 2) Pl. must be confined in a bounded area.

Note: Bounded only if freedom limited in all directions.

1) Outrageous conduct (intentional or reckless) -- "exceeding all bounds of decency tolerated in a civilized socierty."

2) Pl. must suffer severe distress.

Notes: 1) Mild annoyance is opposite of sever distress; 2) Fragile/Protected classes a) children, b) elderly, 3) pregos.

• 1) Act of physical invasion (not intangible forces);
• 2) Pl. mustbe possessor of the land (owner or tenant).

The intentional interference w/ personal property:

• 1) Deliberately damage,
• 2) stealing it for some period of time.

Notes: Modest interference --> trespass; significant interference --> conversion

***** NY Rule - Bona fide Purchaser not liable *****

**** NY Statute ****

Less than $20, must make reasonable effort tolocate owner, after 1 year you keep it.

Over $20, give it to police, if not recovered after a time, you keep it.