Review of Battery Elements

1. Act
a. An External Manifestation of Will
2. Intent
a. Acted with purpose or knowledge to a substantial certainty of making contact
i. Does not have to have intent for contact to be harmful or offensive, only needs intent to
contact
3. Cause in Fact
4. Harmful or Offensive Contact
a. Victim recognizes harmful/offensive contact
b. A reasonable person would have recognized harmful/offensive contact

Review of Assault Elements

1. Act
a. An External Manifestation of Will
2. Intent
a. Acted with purpose or knowledge to a substantial certainty of causing apprehension of an imminent
harmful/offensive contact
3. Cause in Fact
4. Reasonable Apprehension of imminent Harmful/offensive contact
a. Victim recognizes imminent harmful/offensive contact
b. A reasonable person would have recognized imminent harmful/offensive contact
*No actual contact required

Review of IIED elements

1. Act
a. An External Manifestation of Will
2. Intent
a. Acted with purpose or knowledge to a substantial certainty of causing Severe Emotional Distress
3. Extreme & Outrageous Conduct
a. Beyond all bounds of decency, regarded as atrocious & utterly intolerable in a civilized community
4. Cause in Fact
5. Severe Emotional Distress
a. Victim experiences SED
b. A reasonable person would have experienced SED

Review of False Imprisonment Claim

1. Act
a. An External Manifestation of Will
2. Intent
a. Acted with purpose or knowledge to a substantial certainty of causing Severe Emotional Distress
3. Cause in Fact
4. Confinement/Restrain
a. Physically restrained, threatened with physical force or with legal authority.
Elements of Trespass
1. Act
2. Intent
a. To be at the particular place where the interference occurred or to cause a person or thing to be at that
place
i. Does not require intent to invade
3. Cause in Fact
4. Interference with right to exclusive possession of real property
a. Entering
b. Remaining after consent is revoked
c. Causing 3rd person to enter or remain
 Elements of Trespass to Chattel
1. Act
2. Intent
a. Dispossession
i. Keep or destroy (must intend to take physical control)
b. Intermeddling
i. Bring about a physical contact with chattel
3. Cause in Fact
4. Interference with right to exclusive possession of Chattel
a. Actual existence of dispossession or intermeddling
5. Certain type of actual harm or injury caused by interference
a. Dispossession
i. No actual injury or harm required
b. Intermeddling
i. Impairment of chattels condition
ii. Deprecation of use for a substantial time
iii. Bodily harm

Elements of Trespass to Chattel

1. Act
2. Intent
a. Actor must intend to exercise dominion & take physical control over personal property.
i. Mistaken belief does not negate intent
3. Cause in Fact
4. Severe Interference with right to exclusive possession of personal property
a. Extent and duration of the actors exercise of dominion or control
b. Actors intent to assert a right in fact inconsistent with the others right of control
c. The actors goood faith
d. The extent and duration of the resulting interference with the others right of control
e. The harm done to chattel
f. The inconvenience & expense cause to the owner.
*Dispossession usually serious unless short and in good faith
*Intermeddling usually not serious unless long duration.

Elements of a Consent Defense Elements of a Privilege Defense

1. Manifestation of Consent 1. Belief for need of defense
a. Express Consent a. Subjective and Objective tests
i. Clearly by word or action i. Subjective: Actor believes there is a need for
b. Implied consent defense
i. Indirectly by words or conduct, reasonably understood ii. Objective: a reasonable person would believe
2. Invasion within terms of consent there is a need for defense
a. Scope of invasion b. Attack must be imminent for the belief to be
i. Consent to invasion “within community expectations” reasonable
1. If victim contents to invasion, they are responsible for any unforeseeable i. Not for past or future attacks
consequences of invasion 2. Force is proportionate to the threat of harm
b. Length of time a. To protect a person
i. Consent may be limited to specific amount of time i. Deadly force is proportional when there is threat
1. Consent may also be withdrawn of serious bodily harm
3. Effectiveness of Consent ii. Moderate to reasonable force is proportionate
a. Knowing foe non serious bodily harm
i. Capacity to consent b. To protect property
b. Voluntary i. Moderate to reasonable force.
i. Not under Duress ii. Must also be proportional to the property being
c. Informed protected.
i. Knowledge of nature & quality
ii. Not hiding/withholding pertinent information