PFCs

Question 1

Trespass to Chattels

Answer 1

• Intentional
• Interference
• With P’s use or possession of
• P’s “chattels” (i.e. property other than land or other real property)
• Causing actual damage or interference

The interference is less severe. The property has not been destroyed or taken away. P compensated for value of property lost.

Question 2

False Imprisonment

Answer 2

• Unlawful and intentional restraint of individual’s freedom of locomotion or personal liberty
• By means of affect unlawful
  
  • physical barriers
  • threat of force
  • other duress
  • (emotional duress does not count on its own)
• Wrongfully asserted legal authority

Person must be aware that they are imprisoned.

Question 3

Assault

and its three limits

Answer 3

• Defendant acts with intent
• to cause
• harmful of offensive contact or imminent apprehension of such contact
• with P or a third party
• and P is placed in apprehension of such contact

Fear for self, NOT others!

1. only protects us from fear of harm to self, not harm to others
2. must be actual and proximate
3. cannot be conditional

Question 4

Trespass

Answer 4

• Intentional
• And unauthorized
• Entry
• Onto another’s property
• (by self or an object under your control)
• (and NO requirement that harm be caused)

Question 5

Conversion

Answer 5

• An intentional act
• Of dominion or control
• Over a chattel
• Which so seriously interferes with the right of another to control it
• That the actor may justly be required to pay the other full value of the chattel

Question 6

Battery

Answer 6

• D acts with the intent
• To cause
• A harmful or offensive contact
• With victim/p or a third party
• And such contact occurs

Question 7

Intentional Infliction of Emotional Distress

(IIED)

Answer 7

• Wrongdoers conduct
  
  • purpose to inflict distress
  • intended specific conduct and knew or reasonably should have known
  • behavior should have caused emotional distress
• Conduct was so outrageous and intolerable it offended general standards of morality and decency and is utterly without social merit
• Causal connection between wrondoer’s conduct and emotional distress was severe

If someone then causes physical damage as well as mental stress, they are liable for that as well

This is a stop-gap for assault

Question 8

Negligence

Answer 8

• Duty (on part of D towards the P)
• Breach
  
  • jury question, did D exercise reasonable care
    
    • demonstrated by cost-benefit analysis custom, res ipsa, and statute
• Causation​
  
  • Actual/Cause-in-fact
    
    • but-for causation
  • Proximate Causation
    
    • substantial factor
• Harm