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An overview of various legal concepts including assault, battery, false imprisonment, industry standard, and product liability. It covers the elements of assault, the definition of battery and battering, the concept of an eggshell plaintiff, and the requirements for false imprisonment. Additionally, it discusses the differences between real property and fixtures, and the concept of trespass to land. The document also covers industry standards and product liability, including the three causes of action and three theories for suing under product liability.
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← 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.
Exception: Shopkeeper’s statute, states that if you suspect a person of shoplifting you can detain someone until the police show up. The shop keeper must have reasonable suspicion and the detention must be done in a reasonable time and manner. Thus, it depends. The plaintiff can sue for false imprisonment but it depends on how reasonable the defense is which will close the case. If anyone of those reasonable criteria are not met, then the entire statute does not apply. Intentional Torts Against Property Difference of Real Property and Fixtures Real Property is land or building, fixtures are anything attached to the land or building. What constitutes f the fixture would cause any damage to the property, or the nature of the property is such that the fixture is meant to be there. Just because you expect something there doesn’t mean it’s a fixture. Does the place lose value due to its absence? Has to do with what the overall purpose of that equipment is to the room around them. Trespass to Land Act, Intent, and Damages. Act: conscious volition Intent: mowing around a neighbors tree Damages: first part is that there was a trespass. Nominal damages would be paid unless a greater cost of damage was shown. Small monetary gesture to ensure that the plantiff did win because there was a damage and liability.