bodily contact.

1. Difference Betw. Assault and Battery. Notice the difference between assault and battery. With
assault, no contact occurs; only the threat of contact. To have a battery, you must make contact.

a. Example. In the prior example, Otis took a swing at Floyd, but he missed. If Otis had
made contact, then this would have been a "battery."

D. Defenses to Assault and Battery. There are several defenses to assault and battery. The text lists four of
the more common ones (i.e. Consent, Self-Defense, Defense to others and Defense to Property).

1. Consent. A defendant will not be liable for a tort act if the plaintiff consent to the act. Consent
may be expressed or implied from prior conduct.

2. Self-Defense. When a person has reasonable grounds to believe that he is being or is about to be
attacked, he may use such force as is reasonably necessary for protection against the potential
injury.

3. Defense to Others. This merely deals with the situation where you are coming to the aid of
another individual.

4. Defense of Property. The general rule is that a person may use reasonable force to prevent the
commission of a tort against their property.

E. False Imprisonment. False imprisonment is defined as the intentional confinement or restraint of another
person without justification.

1. What Constitutes Confinement. There are several ways in which confinement may be
accomplished.

a. You can confine by using physical barriers.

b. You can confine by using "physical restraint."
c. You can confine by using "threats of physical force."

2. Examples.

a. Aunt Bee was fooling around with Otis Campbell. Otis' wife wasn't pleased. To get
even, Otis' wife locked Aunt Bee in the "Root Cellar." Aunt Bee had no means of
escaping. This is False Imprisonment.

3. False Imprisonment and Shoplifting. WHAT ABOUT SHOPLIFTING.

a. Question - If an employee in Penny's thought that I had taken something without paying
for it, can they detain me and ask me questions?

b. If they search me and find nothing, is this a case of false imprisonment?

(1) Answer. It depends!!! It depends on whether the employee probable cause that
I was shoplifting.

(2) Even with probable cause, the detention must be conducted in a reasonable
manner and only for a reasonable length of time.

F. Intentional Infliction of Mental Distress.

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