Torts I Outline - I. Intentional Torts 1. Battery A vol act...

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I. Intentional Torts 1. Battery – A vol act w/intent to touch, which causes a touching that society determines is h/o. i. Vol act – willed muscular movement controlled by the mind ii. Intent – to touch a. desire/purpose to bring about the touching b. Knowledge to a Sub’l certainty that h/o touching would result. (ex: pulling chair from underneath someone trying to sit) iii. Causation – Proximate Cause iv. H/O touching – Judged by reas person standard. Damages reas sense of dignity. Not a mere pleasantry. (ex: Kicking someone out of décor/order of the classroom) 2. Assault – Creating res apprehension of immediate h/o contact. - Attack has begun, P is bracing for blow - Occurring in Real Time. i. Vol Act ii. Intent – to create imminent apprehension of h/o touching - D must simply have the present ability to carry out threat (ex: Boy assaulting Superman) - Transferred Intent from any other Int’l tort (ex: Swinging a hatchet trying to hit P but missing, thus incomplete battery) - Cond’l Threats Usually negate the intent, unless the person is of unstable character or Unlawful demand.(ex: Old man yelling, while shaking, get out the house right now or I’ll shoot) iii. Causing iv. Reas Apprehension of imminent h/o touching - P must be aware of apprehension & it must be imminent
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- Words alone not suff’t for imminence, need some physical act or gesture. (ex: D holding gun pointed in the air saying leave all the furniture) 3. False imprisonment – Intentional confinement to a bounded area w/no reas means of egress. i. Vol Act or Omission (if there is Duty) ii. Intent – to confine iii. Causing iv. Confinement – to a bounded are which there is no reas means of egress - P must be Aware of the confinement or harmed by it (ex: P picking son up from school but the D says not until bill is paid, P sues FI, but ct said P not aware or harmed by confinement) - No Escape No reas avenue of exit known to P which does not entail greater risks/harm/discomfort) - Limiting Free movement is Insuff’t. (ex: P told he can go any other way, but this way) - Withdrawn Consent effective at 1 st reas oppty. - Methods of Confinement or restraint Physical barriers; physical force; threats of force; failure to release; invalid use of legal authority; Duress. - Moral Pressure & Future threats are insuff’t. b. Shopkeepers Rule – Defense used when the shop detains an innocent person b/c if not innocent then can use other defenses. Must prove to jury that a Reas Person would’ve thought crime was committed. i. reas grounds that a theft has occurred (Probable Cause) ii. Detention must be conducted in reas manner (Be polite w/dignity) iii. Detention must be for a reas time (<20 mins)
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iv. Location – Must occur in store or immediate vicinity 4. IIED - An Act amounting to extreme and outrageous conduct done w/intent or recklessness causing damages of Severe Emotional Distress. i.
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This note was uploaded on 09/21/2009 for the course LAW All taught by Professor All during the Fall '09 term at University of the West.

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Torts I Outline - I. Intentional Torts 1. Battery A vol act...

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