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17 Cards in this Set

  • Front
  • Back
Intentional torts are distinguished by
the state of mind of the defendant or nature of the defendant's conduct. The defendant must have acted with the purpose of bringing about the harm that resulted from his/her conduct OR his intentional act must have been substantially certain to cause harm of the nature that it did cause.
Assault is
intentionally placing another person in reasonable apprehension of an imminent harmful touching.
For Assault, the plaintiff must establish all of the following elements:
1) Defendant’s intentional conduct caused the plaintiff to be apprehensive;
2) Plaintiff was apprehensive concerning a touching;
3) The touching in question was imminent;
4) The touching would have been harmful; and
5) Plaintiff’s apprehension was reasonable.
The fundamental characteristic of assault is
apprehension
For assault the requirement that the touching plaintiff anticipates must be harmful and not merely offensive because the law is designed to protect
peace of mind
Battery
Battery is the intentional touching of another in a harmful or offensive manner.
False imprisonment is
the intentional wrongful confinement or restraint of another person against his or her will
Confinement means
to hold someone within a contained space, such as a security office, interrogation room, box buried in the ground, car, etc
Restraint means
the use of a) force – such as physical contact, knife to the throat, injection of “knock out “ drug, etc.; or b) a passive means – such as handcuffs, ropes, duct tape, etc. of restricting the plaintiff’s physical movement
The confinement or restraint must be
wrongful and against the plaintiffs will
In merchants defense, the merchant
The merchant
1) must have probable cause to detain the suspect;
2) may only detain the suspect for a reasonable period of time;
3) must have conducted the detention in a reasonable manner; and
4) must have detained the suspect for the limited purpose of investigation
The most important indicator of probable cause in shoplifting is that the suspect has
at least made it past the cash register without paying for the allegedly shoplifted item.
A second primary indicator of shoplifting is
concealment of the item in question
The meaning of “professional help”
Psychiatrists, psychologists, social workers, priests, etc., satisfy the professional help requirement
contributory negligence
a doctrine that says a plaintiff who is partially at fault for his or her own injury cannot recover against the negligent defendant
comparative negligence
a doctrine that says damages are apportioned according to fault
strict liability
liability without fault