Elements for Battery:
1. Intentional Infliction
2. Harmful or offensive contact
3. Bodily contact actually occurs
Elements for Assault
1. Intentional action
2. that causes the victim reasonable apprehension/belief
3. of imminent battery (aka harmful or offensive contact)
***Contact DOES NOT actually need to occur.
Elements of False Imprisonment
1. Intent to confine
2. Actual confinement to a bounded area
3. Victim is aware of/harmed by confinement
4. Confinement is against victim’s will
5. Confinement is without legal authority
Elements of Intentional Infliction of Emotional Distress
1. Intentionally or reckless conduct
2. Conduct is extreme or outrageous
3. that causes emotional distress (causal connection)
4. Emotional distress is severe
5. Conduct was directed at victim
**Only intentional tort where you must demonstrate harm to have cause of action
Elements of Negligence
1. Duty of care
2. Breach of duty (whether conduct falls below reasonable person standard)
3. Causation (reasonably close causal connection between conduct and resulting harm)
4. Damage is caused (unlike intentional torts, must show actual harm)
**Damage is the gist of the action.
Primary Factors to Consider when Evaluating Negligence
Foreseeability that conduct would result in harm that occurred
- Foreseeable severity of the harm
Burden of precautions that could have been taken to eliminate or reduce risk of harm
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