· Intent (subjective test)
o Desire to cause the consequences of the act (e.g. Harmful or offensive touching)
Belief that the consequences are substantially certain to result from it.
harmful or offensive contact with the person of another. (objective standard)
· Harmful Contact
· “any physical impairment of the condition of another’s body, or physical pain or illness.” (restatement section 15)
· There is an impairment of the physical condition of another’s body if the structure or function of any part of the other’s body is altered to any extent even though the alteration causes no other harm.
· Offensive Contact
· “offends a reasonable sense of personal dignity” (restatement section 19)
· Transferred Intent
o False imprisonment
o Trespass to land
o Trespass to chattels
-the plaintiff to reasonably apprehend an imminent harmful or offensive contact with his or her person.
· Elements of False Imprisonment:
· Willful detention
· Without consent AND
· Without authority of law
o The unlawful confinement of another against his or her will (substantially certain that this will occur)
· Battery=okay not to know at the time and find out later
· Assault=have to know at the time
· False imprisonment
o Maj & restatement: know at the time, or harm (injury)
o Min: have to be aware at time
· Intentional Infliction of Emotional Distress
o Extreme and outrageous conduct
o Intentionally or recklessly
o Severe emotional distress (objective view…reasonable person)
· Recklessness: Acts in conscious disregard for high probability of risk
· Courts may weigh each element differently depending on the severity of it
· extreme and outrageous character of conduct “may arise from the actor’s knowledge that the other is peculiarly susceptible to emotional distress, by reason of some physical or mental condition or peculiarity”
· Trespass to Land
o Unauthorized entry onto land (in the possession of another)
· Trespass to good
o Conduct intentionally intermeddling with a good of another, causing actual harm.
· Damages value of harm
o Conduct intentionally causing another to be deprived of dominion over his or her chattel/good.
· Damages are full value of the chattel converted
· Don’t have to k
In most jurisdictions, privilege to actors who intervene and use force to protect and defend others from threats and attacks by third persons generally same as that of self-defense.
· Courts divided in this. (restatement says reasonable belief is enough)
Defense of Property
o Possessor of land or chattels may use reasonable force to defend possession of land or chattels against intrusion.
· No deadly force
· No mistake
· Reasonableness of force determined by ACTUAL force, not by INTENDED force
o a shopkeeper has a privilege to detain for reasonable investigation a person whom he or she reasonably believes to have taken a chattel unlawfully
Recovery of property
o may use reasonable force to recover chattel immediately after dispossession (hot pursuit)
· No mistake
o Public necessity complete defense
· To protect a community interest
o Private necessity
· To protect defendant’s private interest
· Partial privilege