∆ desires, wants, or wishes to produce the legally forbidden act
Insufficient—Voluntary act w/o intention
Battery : Elements
∆ commits a harmful or offensive contact,
with π's person
Battery : Timing Issues
Harmful/Offensive contact need not occur instantaneously (e.g., time bombs, poison)
Assault : Elements
∆ places π in a reasonable apprehension of
an immediate battery
Assault : Elements : Reasonable Apprehension?
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
Assault : Elements : Imminent Battery?
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")
False Imprisonment : Elements
∆ commits an act of restraint
π is confined to a bounded area
False Imprisonment : Elements : Act of Restraint?
Three frequently encountered situations
Threats (person of ordinary sensitivity), or
Omission of duty, where ∆ is obliged to help π move around (e.g., physically disabled), ANDπ knows about the restraint or is harmed by it
False Imprisonment : Elements : Bounded Area?
Not in a bounded area if . . .
Reasonable means of escape, andMeans of escape can reasonably be discovered
Note: Escape is not reasonable if it is dangerous, disgusting, humiliating, or hidden
Intentional Infliction of Emotional Distress : Elements
Outrageous conduct, and
π must suffer severe distress
IIED : Elements : Outrageous?
"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
IIED : Elements : Severe Distress?
Severe Distress ≠ "mildly" annoyed, irritated, or chagrined
IIED : Elements : Intent?
Although an "intentional" tort, the ∆ need not have acted intentionally (i.e., with the desire, wish, or want to bring about emotional distress). Reckless behavior can satisfy the "intent" requirement.
Trespass to Land : Elements
∆ commits an act of physical invasion by a voluntary act, and
π must be a possessor of land
Trespass to Land : Elements : Voluntary Act?
How the bar exam could trick you—Intent vs. Voluntary Act
Focus: Did ∆ want/intend 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