Objective Test: 

unpermitted by a person of ordinary sensitivity (offends sensibilities of a reasonable person)

i.e. unwelcome sexual contact

1. Must place plaintiff in reasonable apprehension

2. of an immediate battery

3. intent

4. causation 

(words alone insufficient)

Knowledge

(only assault if plaintiff sees it coming)

Words alone lack immediacy (must be accompanied by physical conduct)

words can negate immediacy (especially if conditional)

1. Act of restraint by the defendant 

2. that keeps plaintiff confined in a bounded area 

3. intent

4. causation 

threats (that would threaten reasonable person), omission if there was pre-existing duty

Examples: physical barriers, physical force, threats of force, failure to release, invalid use of legal authority

*plaintiff must know about the restraint or be harmed

*moral pressure and future threats insufficient

1. an act by defendant amounting to extreme outrageous conduct

2. severe emotional distress (DAMAGES)

3. intent OR recklessness 

4. causation

"Exceeds all bounds of decency tolerated in a civil society"

Hallmarks of outrageousness:

continuous or repetetive, common carrior to guests, plaintiff fragile (children, elderly, pregnant women)

Extreme sensitivies do not matter UNLESS defendant knew about them in advance

1. physical invasion of land

2. that inferfere's with plaintiff's possession

3. intent

4. causation 

plaintiff = possessor NOT owner

going onto the property, throwing something tangible onto the property

defendant need not be aware that he has crossed a boundary line

1. Interference with right to possession of tangible personal property (damage, stealing)

2. intent

3. causation

4. damages for tresspass to chattles 

*interference may be damaging chattel or depriving plaintiff his lawful right of possesssion

amount of interference

small interference: tresspass to chattel

significant interference: conversion (conversion can include wrongful transfer, wrongful detention, and substantially changing) 

*will be conversion when the interference is so serious that it warrant requiring D to pay chattel's full value

1. ACT (volitional movement by defendant)

2. Intent (specific or general - as long as actor knows with substantial certainty that these consequences will result)

3. Causation

When defendant intends to commit a tort BUT instead:

1. commits a different tort against that person

2. commits the tort against a different person 

3. commits a different tort against a different person 

assault

battery

false imprisonment

tresspass to land OR

tresspass to chattels

1. IIED (severe emotional distress)

2. Tresspass to Chattels (actual damages - at least to a possessory right) 

intentional harm to third pesron and plaintiff suffers severe emotional distress because of it, P can show:

1. present when injury occured

2. close relative of injured person

3. defendant knew 1 and 2 

1. Consent

2. Self Defense/Defense of Others/Defense of Property

3. Privilege of Arrest

4. Necessity

-only an individual with legal capacity can consent to a tort  (youngsters and drunks lack legal capacity, but children can consent to age-appropriate tortious invasions)

*note: think about whether or not defendant exceeded the bounds of the consent 

express declaration that grants defendant permissions to behave in tortious way (words)

void if obtained by fraud or duress

D must show: 

threat is imminent, reasonable belief that threat is genuine, response limited to proportional/necessary force (rule of symmetry) 

deadly force not available to protect property

*IN NY you must retreat (if possible) before applying deadly force (unless you're in your home)

D invades P's property to protect the community as a whole or a significant group of people

No liability for property torts --> absolute defense 

Defendant invades plaintiff's property in an emergency to protect an interest of his own

-must pay for any harm done to property (but not liable for nominal or punitive damages)

-P cannot throw D off his land as long as emergency continues (will be liable for harm)