Tort COA False Imprisonment to willfully detain another person without legal justification, against his consent, whether

r such detention be effected by violence, threat, or by and other means that restrains a person from moving from one place to another

Elements 1 intent (desire or knowledge to a substantial certainty) 2 no consent 3 lack of privilege/adequate legal justification

Battery protects a persons bodily integrity, the right to be free from intentionally inflicted contact that is harmful or offensive

1 intent (to cause harmful or offensive contact) 2 Act (external manifestation of the actors will) (dual intent: must intend for it to be h/o) 3 contact results that is (a) harmful (foreseeable harm) (b) offensive (to reasonable persons sense of dignity)

Assault apprehension of imminent harmful or offensive contact touching of the mind - damages recoverable are for mental trauma and distress (not single/dual intent)

1 Act 2 Intent to cause apprehension of imminent harmful or offensive contact 3 Reasonable apprehension of h/o contact **words alone are not assault must include other circumstances or acts

Defenses Shopkeepers privilege expressly grants an employee the authority of law to detain a customer to investigate the ownership of property in a reasonable manner and for a reasonable period of time if the employee has a reasonable belief that the customer has stolen or is attempting to steal store merchandise Assault and Battery Defenses: Consent (Implied or Expressed) - consent can be exceeded. Just because you enter a game to be hit, doesnt mean you consent to getting stabbed - have to consent to the type of contact that occurred (STD case) Defense of Self or Others (proportionality principle) Deadly force only appropriate when threat of death. (never approp. In property defense) Transfer of Intent (between torts) only between assault and battery, intended one, but the other occurredcan be liable for both (between people) If you intended to batter one person and you actually assault or batter another, you are liable for the second as if you intended it.

Notes/Examples - Whirl v. Kern - Waco Trib - Wal-Mart v. Resendez ** Good Faith not a defense/excuse - police officers may have exception during arrest, but if no prob. Cause cant detain unreasonably

- firecracker case - crazy naked guy in the woods (Polmatier) - shot in the club - smoke in the face Dual Intent Requirement 1 intend to voluntarily act (contact) 2 desire to harm or cause offense * Dont have to intend the exact type of contact or harm that actually occurs

- grabbing the gun case - threaten to shoot me then leave the room to get the gunthreat is not imminent - consent transfers

Tort COA Intentional Infliction of Emotional Distress (IIED) Tort of Outrage!

Trespass to Land the actor acts intending to personally enter the land of another or cause an object to enter or remain on the land without permission Trespass to Chattels One commits trespass to chattel is subject to liability if: (a) dispossesses the other of the chattel, or (b) the chattel is impaired as to its condition, quality, or value, or (c) the possessor is deprived of the use of the chattel for a substantial time, or (d) bodily harm is caused to the possessor, or harm is caused to some person or thing in which the possessor has a legally protected interest Conversion intentional exercise of dominion or control over a chattel which so seriously interferes with the right of another to control it that the actor may justly be required to pay the other the full value of the chattel

Elements 1 intent (recklessness will suffice) 2 Outrageous! (reasonable person) 3 Results in severe emotional distress (reasonable, or results from peculiar suceptibility of which the actor knows of) (some jurisdictions require expert testimony) 4 Intensity and Duration of distress considered (cant be trivial or brief) 1 voluntary act 2 no permission 3 intent (actor must intend for act to lead to entry to the property) 4 cause property to be interfered with Dispossession: (a) taking a chattel from the possession of another without the others consent, or (b) obtaining possession of a chattel from another by fraud or duress, or (c) barring the possessors access to a chattel, or (d) destroying a chattel while it is in anothers possession, or (e) taking the chattel into the custody of the law

Defenses

- consent (implied or expressed) *implied girl scouts, meter readers, save someone from choking, bring neighbor presentetc must be reasonable!

Notes/Examples - Oak Park Marina (videoing changing rooms) - Green v. Chicago Trib (son killed in gang violence - Transfer can sue when contact is directed at immediate family member (whether or not bodily harm); stranger (plaintiff is present & phys harm) - Harrahs (scaffolding) **Goodwill not a defense** - Shymkiv (trench through driveway) liable for all harm during the continuation of the tresspass - Koepnick v. Sears Damages: 1 you can always receive actual damages if there is harm 2 if there is no harm, but there was dispossession, can receive nominal damages

Factors: A the extent and the duration of the actors exercise of dominion or control; B the actors intent to assert a right in fact inconsistent with the others right of control; C the actors good faith D the extent and duration of the resulting interference with the others right of control; E the harm done to the chattel; F the inconvenience and expense caused to the other

- US v. Arora (cells) -forced sale the measure of damages in conversion