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← Battery
← Conduct intended to cause and causing a touching that’s harmful or
offensive without consent and without privilege
• Conduct
o An Act by the Defendant
o The act in itself must be volitional
o But for the conduct, the contact wouldn’t have occurred
• Intent

o A Purpose to Contact
o B Purpose to create an apprehension of contact
o C Knowledge to a substantial certainty that contact will occur
o D Knowledge to a substantial certainty of apprehension of
contact
o E Transference
 Intend a Forcible Tort
 Direct - Directly lead to the contact
 Immediate – Immediately lead to the contact
 Another Forcible Tort Occurs
 ***If there’s a privilege, you can’t have transference
because the first intentional tort didn’t occur.
• Harmful or offensive Contact
o Harmful – Causes pain or Bodily Damage
o Offensive - Damaging to a “reasonable sense of dignity”
o Plaintiff need not be aware of contact at the time it occurs.
o Contact may be indirect
 ie ducking a punch and hitting your head
• Without Consent or Without Privilege
o Consent is either express or implied
 Express – Direct Consent
 Implied – What a reasonable person would consent to
under the circumstances
o Privilege
 See Privileges
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← Assault
← Conduct intending to cause and causing reasonable apprehension of an
imminent bodily harm (threat of battery) without consent and without
privilege.
• Conduct
o Defendant Partakes in volitional act
o But for the conduct, the plaintiff wouldn’t have been
apprehensive
• Intent
o A Purpose or Knowledge to create an apprehension of contact
o B Purpose to cause a harmful or offensive bodily contact
o C Transference
 Intend a Forcible Tort
 Direct - Directly lead to the contact
 Immediate – Immediately lead to the contact
 Another Forcible Tort Occurs
 ***If there’s a privilege, you can’t have transference
because the first intentional tort didn’t occur.
• Apprehension
o Plaintiff does not have to be aware
• Consent or Privilege
←
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← False Imprisonment
← Conduct intending to cause and causing confinement of plaintiff
without consent and without privilege.

• Conduct
o An Act by the Defendant
o The act in itself must be volitional
o But for the conduct, the imprisonment wouldn’t have occurred

• Intent
o A Defendant’s purpose to confine
o B Defendant knew with substantial certainty that P would be
confined by D’s actions
• Confinement
o Plaintiff is
 aware of confinement
 or injury occurs ( Injury would not have occurred but
for confinement
o Confinement must be
 physical force against person
 threat of imminent force against person
 physical force against property
 threat of imminent force against property
 Assertion of Legal Authority (Unlawful assertion)
o the threat of confinement must be reasonable
o Plaintiff is held within limited area without the knowledge of a
reasonable means to escape
 Means of escape is unreasonable if it involves exposure
of the person
 If the only means of escape could cause physical danger
to plaintiff and he could remain imprisoned without any
risk of harm, he may not recover for injuries he suffers
in making his escape
 However if the means of escape is reasonable and but
you are injured during escape you may recover
damages.
o Consent/Privilege
 Discipline (Parent Consent)
 Authority of Law
 Express Consent
 Implied consent
 If theres a terrorist threat and you are in a store
and they say you can’t leave
 Merchant Privileges
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← Private Necessity
← Public Necessity
← Self Defense
← Defense of Others
← Defense of Property
← Recovery of Property
← Discipline
←
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← Intentional Infliction of Emotional Distress
← 1. Conduct
• Must be intentional or reckless
• Must be extreme or outrageous before you go out and prove
emotional distress
o It’s considered outrageous if it exceeds all bounds tolerated
by decent society and its especially calculated to cause severe
distress
• There must be a causal connection between the wrongful conduct
and the emotional distress

← 2. Intent
• Purpose
• Knowledge to a substantial certainty
• Recklessness satisfies the intent requirement
• Transfer of Intnent
•
← 3. Severe Emotional Distress
← 4. Consent
←
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←