ASSAULT Intentional creation of immediate apprehension of harmful or offensive contact Elements 1. Act 2. Intent 3. Causation 4. Apprehension 5.

Immediate FALSE IMPRISONMENT The restraint of a person in a bound area w/o justification or consent Elements 1. Act 2. Intent 3. Causation 4. Confinement 5. Bounded area 6. Awareness of harm

BATTERY Intentional infliction of harmful or offensive touching of a person Elements 1. Act 2. Intent direct/ indirect 3. Causation 4. Touching 5. Harmful or offensive EMOTIONAL DISTRESS Intentional or reckless infliction by extreme & outrageous conduct of severe emot distress Elements 1. Act 2. Intent or recklessness 3. Extreme and outrageous conduct 4. Causation 5. Severe emotional distress Intent

CONVERSION An intentional dominion or control over a chattel which so substantially interferes w/ the Ps right as to require D to be forced to purchase it Elements 1. Act 2. Intent 3. Interference 4. Chattel 5. Substantially 6. TESPASS TO LAND An intentional physical invasion of a persons real property Elements 1. Act 2. Intent 3. Causation 4. Physical invasion 5. Real property

TRESSPASS TO CHATTEL An intentional interference with plaintiffs chattel by physical contact or dispossession Elements 1. Act 2. Intent 3. Causation 4. Interference 5. With right of possession of 6. Chattel

D. acted with purpose to cause harmful or offensive contact, or knew with substantial certainty that a harmful act would occur Transferred Intent can be transferred between 5 torts 1.) battery; 2.) assault; 3.) false imprisonment; 4.) trespass to chattel & 5.) Trespass to land. Mistake Doctrine D. intends to do acts which would constitute a tort, it is no defense that D. mistakes, even reasonably, the identity of property or person he acts upon or believes incorrectly there is a privilege. Causation D.s voluntary action must be the direct or indirect legal cause of the harmful or offensive contact.

SELF-DEFENSE
Reasonable force can be used where one reasonably believes that such force is necessary to protect oneself from immediate harm.

CONSENT Expressed and implied manifestation of consent Elements 1. Implied by custom custom to tackle in football 2. Conduct rolling up sleeve to give blood 3. Implied by law statute 4. Expressed by words right arm is easier to take blood from Invalid if induced by fraud, duress, illegality

Elements 1. Threat must be immediate 2. Victims response must be reasonable 3. Like force force cant be greater

DEFENSE OF PROPERTY A person is privileged to use reasonable force to prevent a tort against real property or personal property. Unlike self-defense, a reasonable mistake will not excuse force that is directed against an innocent party. Reasonable force can be exercised in protection of property. Force intended to inflict death or serious bodily injury is never reasonable to protect merely property.

DEFENSE OF OTHERS Can use reasonable force to protect a 3rd person from immediate unlawful physical harm 1. Limited Privilege a. Privilege to use force on behalf of a 3rd person was justified b. Intervener stands in the shoes of the person being protected c. Person being defended must have the right to selfdefense 2. Restatement Rule You dont have to be right; you just have to have a reasonable belief

NECESSITY Allows D. to interfere with the property interest of an innocent party in order to avoid a greater injury; the action minimizes the overall loss. PUBLIC Provides d. with absolute privilege to interfere w/ the property of others to avoid a public disaster and not liable for the damage. PRIVATE Is a incomplete defense: the D is privileged to interfere with anothers property, but is liable for the damage.

DUTY TO RETREAT RULE

1. 2.

3.

Gen Rule: No duty to retreat Modern Trend: Duty to retreat before using serious force if one (i) can do so safely, and (ii) is not in his/her own home For MBE, it will be in call of question; for essay, state both.

SHOPKEEPERS PRIVILEGE: A storeowner who reasonably suspects a person of stealing merchandise may use reasonable force to detain the person for a reasonable time to conduct an investigation and summon police. [Defense to false imprisonment].

HOT PURSUIT Tort is still occurring if one is in hot pursuit of another who has wrongfully taken his/her chattel. One need only have a reasonable belief that a tort is being committed