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Interchangeable for
battery/assault/
false imprisonment
Why?
Harmful (includes unwanted) Law guards against physical harm to person
Nature: physical
Law guards against assaults on personal
CONTACT Offensive (cultural)
dignity/protects emotional tranquility
Cause-in-fact
"But For" Test:
(factual cause):
But for D's negligence, P would not
did the action actually
be hurt (necessary factor)
cause the injury?
CAUSATION
Proximate cause
(legal cause):
enough of a "natural,
usual, necessary" cause
to find liablility?
Trespass
Why?
Desire/purpose/
Does NOT need to know it was
substantial certainty We value privacy, ownership, property,
INTENT P's real property
of going on P's real personal autonomy
(essentially strict liability)
property
Assault
Desire, purpose, or
To cause apprehension in P
substantial certainty
INTENT
Interchangeable for
battery/assault/
false imprisonment
APPREHENSION Why?
P's awareness that a
battery could happen Law guards against threats to
("Reasonable Person" use force, even if not acted upon
standard)
INTENT
Interchangeable for
battery/assault/
false imprisonment
Limited area
Doesn't HAVE to be physical
Why?
Nature of confinement
ACTUAL Threat of physical harm, used At some point we have to draw a line to
CONFINEMENT moral/emotional/social norm prevent excessive litigation, create a
P has duty to attempt
pressure, used economic pressure higher bar for recovery
escape, if possible, to a
"Reasonable Person"
standard
Why?
Purpose to protect against
P must know in the
AWARENESS assaults on emotional tranquility, no
moment, can't learn later
assault if the P didn't know
IIED
Desire, purpose, or
To greatly upset P
substantial certainty
INTENT
Acts even knowing P is
Recklessness
particularly susceptible to distress
Parasitic on physical