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59 Cards in this Set
- Front
- Back
itent requirement for intentional torts
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specific intent or general intent
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specific intent
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the goal in actin gis to bring about the specific consequences
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general intent
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actor knows with substantial certainty that the consequences will result
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transferred intent may be invoked only if both the tort intended and the tort that results are:
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assault
battery false imprisonment trespass to land or trespass to chattels |
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general rule of transferred intent
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intent to commit a certain (intentional) tort against one person is transferred to the tort actually committed or to the person actually injured for the purposes of extablishing a prima facie case for an intentional tort
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Is incapacity a defense to an intentional tort?
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No, even children and mentally incompetant people are laible for their intentional torts since everyone is capable of intent
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test for causation for intentional tort
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defendant's conduct was a substantial factor in bringing about the injury
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Prima Facie case for battery
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1. harmful or offensive contact
2. to plaintiff's person 3. intent 4. causation |
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definition of plaintiff's person for prima facie case of battery
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anything connected to the plaintiff
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standard for "harmful or offensive contact" for prima facie case of battery
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reasonable person standard
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Must contact be direct to satisfy the prima facie element for battery?
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No. indirect or direct contact qualifies
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Prima Facie case for Assault
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1. act by D. creating reasonable apprehension in P.
2. of immediate harmful or offensive contact to P.'s person 3. intent 4. causation |
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Apparent Ability rule for assault
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if the D. has the apparent ability to commit a battery, this is enough to create a reasonable apprehension
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_________ alone are not sufficient to satisfy a prima facie case for assault.
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WORDS
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Do words coupled with conduct always rise to the level of reasonable apprehension for assault?
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no. accompanying words can negate reasonable apprehension that would come from the conduct alone
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prima facie case for false imprisonment
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1. act or omissio on the part of D. that confines or restrains P.
2. to a bounded area 3. intent 4. causation |
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5 examples of sufficient methods of confinement or restraint for prima facie case of false imprisonment
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1. physical barrier
2. physical force 3. threats of force 4. failure to release 5. invalid use of legal authority |
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2 examples of insufficient methods of confinement or restraint for prima facie case of false imprisonment
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1. moral pressure
2. future threats |
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Is there a minimum time limit on confinement for false imprisonment?
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no. it is irrelevant how short the period of time is
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To satisfy a prima facie case for false imprisonment, the plaintiff must _________ of the confinement or be ____________ by it.
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know; harmed
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What is a bounded area? (prima facie case for false imprisonment)
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an area where freedom of movement is limited in all directions and from which there is no reasonable means of escape know to the P.
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Prima Facie case for Intentional Infliction of Emotional DIstress
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1. act by D. amounting to extreme or outrageous conduct
2. intent or recklessness 3. causation 4. damages - severe emotional distress |
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Intentional Infliction of Emotional Distress: conduct that is not noramlly outrageous may become so if ....
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1. it is continuous,
2. it is directed toward a particular type of plaintiff, or 3. it is committe by a certain type of defendant |
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4 types of protected plaintiffs under intentional infliction of emotional distress
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1. children
2. elderly people 3. pregnant women 4. supersensitive adults if known to the D. |
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2 types of suspect defendants under intentional infliction of emotional distress
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innkeepers and common carriers - may be liable for mere "gross insults"
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Alternative prima facie case for bystander claiming intentional infliction of emotional distress
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1. bystander waws present when injury occurred
2. bystander is a close relative of the injured person 3. defendant knew of the previous 2 elements |
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3 intentional torts to property
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1. trespass to land
2. trespass to chattels 3. conversion |
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Prima facie case for trespass to land
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1. physical invasion or plaintiff's real property
2. intent 3. causation |
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for the prima facie case of trespass to land, invasion may be by a __________ or an _________.
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person; object
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In addition to the surface, the real property element of trespass to land includes ....
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airspace and subterranean space of which the owner could make a reaosnable use
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itent element for prima facie case of trespass to land
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D. need only intend to enter the land; he need not know that the land was private
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Prima facie case for trespass to chattels
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1. act by D. that interferes with P.'s right of possession in a chattel
2. intent 3. causation 4. damages |
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2 types of interference which satisfy the prima facie case for trespass to chattels
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1. intermeddling
2. dispossession |
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Prima Facie case for Conversion
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1. act by D. that interferes with P's right of possession in a chattel
2. seriousness of the act requires D. to pay full value of the chattel 3. intent 4. causation |
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Limitations on consent as a defense to intentional torts
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1. majority view: cannot consent to criminal act
2. consent must be valid 3. D. must stay within the boundaries of the valid consent |
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Express consent induced by fraud is not a defense to an intentional tort if ....
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if goes to an essential matter, not a collateral matter
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When will mistake undo express consent as a defense to an intentional tort?
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if the D. knew and took advantage of the mistake
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Express consent obtained by duress will be invalidated as a defense to an intentional tort unles ...
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the duress is only threats of future action or future economic deprivation
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Is capacity necessary for consent?
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yes
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When a person _______ ________ that he is being or is about to be attacked, he may use such force as is _________ _________ to protect against injury.
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reasonably believes; reasonably necessary
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What kind of mistake is allowed for self defense?
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a reasonable mistake as to the existence of the danger
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Modern trend for self defense imposes a duty to retreat before using DEADLY force unless:
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1. retreat cannot be done safely
2. the actor is in his home |
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When can one use force to defend another?
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when the actor reasonably believes that the other person could have used force to defend himself
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What kind of mistake is allowed for defense of others?
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a reasonable mistake as to whether the other person is being attacked or has a right to defend himself
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one may use __________ force to prevent the commission of a tort against her real or personal property.
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reasonable
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prerequisite for using reasonable force to prevent the commission of a tort against real or personal property
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request to desist or leave, UNLESS such a request clearly would be futile or dangerous
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When can one use reasonable force to potect proeprty after a tort has been committed against the property?
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only when in hot pursuit of another who has tortiously dispossessed the owner of his chattels
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What mistkaes are allowed in use of force to protect property?
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reasonable mistake as to whether an intrusion has occurred or whether a request to desist is required
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What mistake is specifically disallowed for use of force to protect property?
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mistake as to whether the entrant has a privilege that supersedes the defense of property right, unless the entrant leads the D. to reasonably believe there is not a privilege
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When can force causing death or serious bodily harm be used to protect property?
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only if the invasion of property also entails a serious threat of bodily harm
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force may be used to recapture a chattel only when ....
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in hot pursuit of one who has obtained possession wrongfully
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One may recapture a chattel from a tortfeasor or ______________; not _____________.
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a 3rd person who knew or should have known that the chattels where tortiously obtained; an innocent party
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When does one have privilege to enter a wrongdoer's land to reclaim a chattel?
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at a reasonable time; in a reasonable manner; and after making demand for return of the chattels
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When does one have privilege to enter the land of an innocent party to claim his chattels?
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at a reasonable time; in a reasonable manner; after the landwoner has been given notice of the presence of the chattel and has refused to return it
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Will a person who enters the land of an innocent part to reclaim his chattels be laible for damages?
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yes, for actual damage caused by the entry
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When does one have privilege to enter the land of another to reclaim his chattles which are there due to his own fault?
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never; owner can recover the chattels through legal process only
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Generally, what mistake is allowed regarding a defendant's right to recapture chattels or enter the land?
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none
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Special privilege for shopkeepers regarding recapture of chattels
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may have a privilege to detain for a reasonable period of time individuals whom they reasonably believe to be in possession of shoplifted goods
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How much force may be used to recapture chattels?
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reasonable force; not force sufficient to cause death or serious bodily injury
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