Battery A defendant is liable for damages in a battery claim if he 1. Acts (volitionally) 2.

Intending to cause (purposely or with substantial certainty) a harmful (pain, illness, injury or impairment) or offensive (would offend a reasonable persons sense of personal dignity or a reasonable person would be offended given the circumstances )contact 3. An offensive or harmful contact results

The first element necessary to bring a battery claim is that X acted. Under the Second Restatement of Torts, an act is characterized as a volitional movement that is not reflexive or convulsive. Here, xxxxxxxxxxxxxxxx. Therefore, the first element necessary to bring a battery claim is satisfied/not satisfied. The second element necessary to bring a battery claim is that X intend to cause a harmful or offensive contact. Under the Second Restatement of Torts, a person acts with the intent to cause a harmful contact with they act purposely or knowing with substantial certainty that their act will result in a contact that causes pain, injury, illness or impairment. Here, xxxxxxxxxxx. Therefore, it is reasonable to conclude that X acted with the intent to cause a harmful contact. Under the Second Restatement of Torts, a person acts with the intent to cause an offensive contact when they act purposely or knowing with substantial certainty that their act will result in a contact that would offend a reasonable persons sense of personal dignity or that would offend a reasonable person give the circumstances. Here, xxxxxxxxxxxxx. Accordingly, it is reasonable to conclude that X acted with the intent to cause an offensive contact. Therefore, because the intent element requires only that X intend either a harmful or an offensive contact, and the preceding paragraphs demonstrate that X intended both, the second element necessary to bring a battery claim is satisfied. The third and final element necessary to bring a battery claim is that a harmful or offensive contact result from Xs act. Under the Second Restatement of Torts, a harmful contact is one that results in pain injury, illness or impairment. Here, xxxxxxxxxxxxxxxxxxxx. Accordingly, it is reasonable to conclude that X caused a harmful contact. Under the Second Restatement of Torts, an offensive contact is one that violates acceptable societal standards for appropriate touching. Here, xxxxxxxxxxxxxxxxxxxxx. Accordingly, it is reasonable to conclude that X caused an offensive contact. Therefore, because the contact element requires only that X cause either a harmful or offensive contact, and here he has caused both, the third and final element necessary to bring a battery claim is satisfied.

Assault A defendant is liable for damages in an assault claim if he 1. Acts (volitionally) 2. Intending to cause (purposely or with substantial certainty) an apprehension (awareness/fear) of an imminent (immediate or without delay) harmful (pain, illness, injury or impairment) or offensive (would offend a reasonable persons sense of personal dignity or a reasonable person would be offended given the circumstances) contact 3. A reasonable (a reasonable person would believe such a contact could take placelooks at things like words, accompanying gestures, relationship between parties, surrounding circumstances) apprehension (awareness/fear) such an imminent (immediate or without delay) contact.

False Imprisonment A defendant is liable for damages in a false imprisonment claim if he 1. Acts (volitionally) without authority of law 2. Intending (purposely or with substantial certainty) to confine P (through threatsthat would cause a reasonable person to fear injury to his person, reputation or property [looks at relative size, sex, age, experience, and physical demeanor], physical force, physical barrier) 3. Causes P to be confined through his act (confinement is being bound within a physical space, large or small. If an exit is available but can only be used in a manner that poses a risk of physical harm, the victim is still considered confined.) 4. P is aware of her confinement

DEFENSES Self-Defense- a defendant may use the affirmative defense of self-defense when He uses reasonable force (in proportion to the harm being threatened) against the plaintiff Deadly force is only reasonable when imminent death or deadly force is threatened. OR whenever being attacked at ANY CAPACITY within ones dwelling. Non-deadly force met with non-deadly force is ALWAYS privileged Because they actually (subjective) reasonably believe (objectively- a reasonable person would believe that using force was necessary in those circumstances) in order to avoid Their own imminent (immediate or without delay) harmful (pain, injury, illness, or impairment) or offensive (violates acceptable societal standards for touching) contact

Consent- a defendant may use the affirmative defense of consent when The plaintiff consented (expressly- through written or spoken word, or implicitly- through HIS conduct (conduct of other people on behalf of him does not count) and considering the circumstances [looking at age, gender, sophistication of the parties, their past relationship) The defendants acts fall within the scope of the consent given The consent was valid (the plaintiff was not coerced or under duress, not obtained fraudulently, there was no status relationship between them, the plaintiff had the requisite mental capacity to weigh the benefits and risks posed by the act being consented to either because of age, mental disorder, or intoxication and a reasonable person would perceive that)

DOCTRINES Unintended consequence rule: if you have the intent to cause a harmful or offensive contact, you will be liable for the full extent of the damages incurred from that contact, even if those specific consequences were unintended. (ie. I hit you, you fall backwards and break your neck) AFTER YOU HAVE PROVEN INTENT AND NOW ARE ARGUING ONLY ABOUT DAMAGAES

Eggshell Skull doctrine: You take your victim as you find them. Even if the victim has a previous condition that heightens the damages caused by your harmful or offensive contact, you will still be responsible for the full extent of the damages. (ie. I hit you, your arm was already broken and now it fell off)

Doctrine of Extended Personalities: You dont need to make contact with me directly to satisfy a battery claim. You can make contact with an object that becomes an extension of my person because it is closely connected to, or associated with me and thus it may still serve as fulfillment of the contact element of a battery claim.

Transferred Intent doctrine: The intent element can be transferred in two ways. 1) from person to person- if you have the intent to make a harmful or offensive contact with A and instead cause one to B, you are still liable through this doctrine. 2) from tort to tort- if you have the intent to make an assault, but instead you make a battery or false imprisonment, it does not matter that you did not intend either of those torts, you are still liable through this doctrine. BEFORE/AS YOU ARE PROVING INTENT

Castle Doctrine: you are permitted to use deadly force against anyone who attacks you AT ANY CAPACITY while within your home.

Duty to Retreat: you cannot be justified in using deadly force if you actually believe that you can safely retreat from a confrontation that would otherwise justify using deadly force.

Momentary chattel: you are allowed to use reasonable force against someone who has obtained only momentary possession (just now) of your chattel.

Defense of property- property owners are not permitted to use excessive force (deadly) to protect their property except to prevent commission of felonies of violence where human life is in danger.