San Diego State University The Element of False Imprisonment Discussion

ASSIGNMENT IS DUE IN 8 HOURS, PLEASE DO NOT OFFER ANYTHING GREATER THAN 7 HOURS.

WRITING: Read “FACTS” and write about it as described below:

FACTS: Paul Plaintiff has a business deal with Diane Defendant. Diane owes Paul $10,000 that is due (under law, she must pay him) now.
Paul calls her and says she must pay. Diane says no, and she will come to Paul’s office next week and break his legs.
Diane says Paul must be at his office next Monday, 10:00 a.m. to meet her or she will break his arms too.
As a result, he cannot sleep and cannot focus at work.

List each of these 4 TORTS:

BATTERY, ASSAULT, FALSE IMPRISONMENT, INTENTIONAL INFLICTION OF MENTAL DISTRESS.

Under each one of these 4 TORTS, write whether, in these FACTS, it happened (the tort’s elements happened) or not.

Part example of a suggested written ANSWER:

“The ELEMENTS of BATTERY are (1) Intentional conduct by D (2) causing (3) Harmful or offensive touching of P. Here, we can say Diane’s conduct [describe what she did] was intentional because [explain] …. We can say she [did/did not] cause a harmful or offensive touching to Paul because [describe the facts from the story above, that show it did or did not happen]. So, we can conclude BATTERY [did happen/did not happen].” Do this for each of these four TORTS.