LAW 604C Lecture Notes - Lecture 4: Walmart, False Imprisonment, Ant-Zen
Document Summary
What constitutes an assault: one acts intending to cause a harmful or offensive contact. Imminent apprehension of such contact: apprehension must be one which would normally be aroused in the mind of a reasonable person, an invasion of plaintiff"s mental space. What constitutes false imprisonment: conduct by an actor which is intended to, and does in fact, confine another within the boundaries fixed by the actor, the victim is either conscious of the confinement or is harmed by it. See mccann v. wal-mart stores, inc. in case notes. Only 3 torts involve direct application of force and thus an analogy to personal injury cases: trespass to land, conversion of chattels, trespass to chattels. A chattel is a piece of property that is not real estate. Elements to trespass to land: ownership or possessory interest in the land, intentional, tangible invasion, intrusion, or entry by defendant, entry harms plaintiff"s interest in exclusive possession.
