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Torts

Torts — Comprehensive Outline

I. Intentional Torts

A. Battery

  • Rule: Intentional harmful or offensive contact with the plaintiff's person.
  • Elements: (1) Intent; (2) Harmful or offensive contact; (3) Contact with P's person or something connected to it.
  • Exam Tip: Contact is offensive if a reasonable person of ordinary sensibilities would find it offensive.

B. Assault

  • Rule: Intentional creation of reasonable apprehension of immediate harmful or offensive contact.
  • Elements: (1) Intent; (2) Reasonable apprehension; (3) Imminence; (4) Causation.
  • Exam Tip: Words alone are usually insufficient; look for a menacing gesture.

C. False Imprisonment

  • Rule: Intentional confinement of another within fixed boundaries.
  • Elements: (1) Intent; (2) Confinement; (3
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