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14 Cards in this Set
- Front
- Back
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Duty
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D has a duty to act with due care to ensure that D's actions do not interfere with other's rights (i.e., a civil duty)
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Breach
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D breaches their civil duty when they intentionally, knowingly, recklessly (only emotional distress) act in a way that will infringe upon other people's right not to be harmed
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Causation
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D must be the actual and the proximate cause of the harm to the P
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INTENT (Harry Potter Is So Tiny)
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H: Intent need not be hostile
P: Unless statute says otherwise, parents not liable for torts of children I: Intent can be inferred if D's actions if those actions were reasonably certain to result in prohibited harm S: Insanity and infancy not a shield for intentional torts T: Intent can transfer even if the D unintendeds to harm a P or commits another tort |
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Injury can be to P's...
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body, reputation, property
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Damages
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P is not required to prove the amount of damages. Compensatory and Punitive Damages are available at the jury's discretion
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Defenses (COPS RAN)
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Consent, Self Defense, Defense of Others, Defense of Property, Recapture of Chattel, Authority, Necessity
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Consent
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*Actual: words/conduct that express willingness
*Apparent: words/conduct that would lead RP to think consent has been given *Implied: implied by law based on P's conduct *Informed: validity may depend on information available to consenting party; (lack of informed consent may negate defense b/c understanding may be required) |
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Consent Limitation
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*Exceeds the scope (express or implied)
*Mistake and Fraud -Nature/quality of act - consent invalid -Collateral Matter - consent valid *Criminal Conduct |
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Self Defense
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*Force must be reasonable
*Mistake does not preclude defense; if reasonable *Limitations -No retaliation |
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Defense of Others
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*Must be reasonable
*J/S on whether mistake negates defense *Limitations -objective plus standard of reasoning v. purely objective |
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Defense of Property
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*Reasonable - non-deadly only
*Mistake will preclude defense *Limitations -Demand P to cease; unless obviously futile |
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Battery
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The intentional harmful or offensive contact with P or something closely attached to the P. Proof of damages not required.
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Assault
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Intentional tort where action place the P in apprehension of an immediate harmful/offensive touching
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