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"Certain conduct

happening a certain way"


Battery Desire/purpose 1. To harm/offend
(D friendly) 2. To move body Why?
3. Degree of harm/offense 1. Will determining intent deter people from
4. Targeted P acting this way in the future OR will it make
OR people afraid to act? "Rise above barbarism"
2. Compensation
1. Know of contact
3. Punishment
INTENT 2. Know of potentially harmful
Substantial certainty
contact
(P friendly)
3. Know could contact P
NOT "should have known"

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

Person or things closely


What contacted?
attached/regarded part of person

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

D had physical contact


CONTACT
with P's real property

Assault
Desire, purpose, or
To cause apprehension in P
substantial certainty

INTENT
Interchangeable for
battery/assault/
false imprisonment

Lower standard than fear

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)

IMMINENT Injury/offensive contact


Words/threats not enough
CONTACT about to occur
False
Imprisonment Desire, purpose, or Of interfering with P's freedom
substantial certainty of physical movement

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

Physical resulting from


INJURY emotional
Why?
To prevent excessive litigation, create a
Severe emotional Only if "close relation"
higher bar for recovery

EXTREME OR Action must be utterly


OUTRAGEOUS intolerable in a civilized "Reasonable Person" standard
CONDUCT society