Legal Studies – Chapter 7 11/10/2010 14:01:00
←Assault has to be immediate attack.
←
←Element – has three part
←Act conscious volition.
←Intent to do something
←Damages It happened
Eggshell plantiff: ex. Teddy bear in hand, reasonable fear. Psychological
component of assault does not always constitute an eggshell plantiff’s claim.
Physical part of assault.
Definition of battering harmful and offensive contact delicate constitution,
eggshell plaintiff will apply
Battery: contact with the person or something physically relative ie. Purse
Where to draw the line?
It depends on the actual act. Judgment call. Call on intimate contact with a
reasonable person standard.
Intentional infliction – act of extreme and outrageous conduct. The jury
decides based on the reasonable person standard.
Actual Damages: money lost due to extreme and outrageous contact, ie.
Psychiatrist receipt. Have to flow directly form the evidence given.
False Imprisonment: confining a person to a bounded area without any
reasonable means of escape. Act, Intent, and Damages. If there is any
reasonable ways to hurt oneself by trying to leave that would constitute no
reasonable means. Confinement by threats as well as physical confinement.
The nature of the threats has to be reasonable to leave out any reasonable
means of escape.
