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. What would you like to do?
- ∆ desires, wants, or wishes to produce the legally forbidden act
- Insufficient—Voluntary act w/o intention
- Transferred intent
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
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
Trespass to Land : Elements : Physical Invasion?
Intangible forces (e.g., shining lights, loud noises, smells) ≠ Physical Invasion
Trespass to Land : Elements : Possessor of Land?
Note that π must actually be in possession of land. (Ownership is irrelevant, possession is the focus)
Trespass to Chattels : What is it?
interference with enjoyment of personal property—for example . . .
- deliberate damage (keying your car),
- temporary theft (unauthorized "borrowing")
Trespass to Chattels : Recovery?
- Fair rental value
- Cost of repair
Conversion : What is it?
interference with the enjoyment of personal property—such as . . .
- Significant destruction/alteration of car
- Permanent theft
Conversion : Recovery?
Special Remedy—π can recover full market value (not just rental or repair)
Note: a bona fide purchaser for value cannot be a converter
What would you like to do?
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