Home > Preview
The flashcards below were created by user
on FreezingBlue Flashcards.
So long as ∆ desires to produce any forbidden consequence, he will be liable if anything happens.
Battery : Elements
- (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.
Assault : Elements
- (1) ∆ places π in a reasonable apprehension of
- (2) Apprehension must be of an immediate battery.
There must be conduct. Words alone insufficient.
Assault: What is 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: What is 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
- (1) ∆ commits an act of restraint
- (2) π is confined to a bounded area
False Imprisonment: What is an Act of Restraint?
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).
False Imprisonment: What is a Bounded Area?
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
Intentional Infliction of Emotional Distress: Elements
- (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.
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
Trespass to Land : Elements
- (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.
Trespass to Chattels: Definition
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?
Significant interference with the enjoyment of personal property.
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