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10 Cards in this Set
- Front
- Back
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The INTENT element for Battery requires that the Defendant have either?
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1. intentded a bodily contact
2. intended to cause an apprehension of such contact |
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Battery (Elements)?
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CAHIL
Causation Act Harmful/offensive contact Intent Lack of Consent |
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Assault (Elements)?
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1. ACT:
That D committed a voluntary act. 2. APPREHENSION That D's act created in P an apprehension of immediate harmful or offensive contact with P's person 3. INTENT D intended to cause either a harmful-or-offensive contact, or an apprehension of such a contact 4. CAUSATION That there was a causal connection b/w the D's act and P's apprehension |
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False Imprisonment (Elements)?
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ACT: D committed a voluntary act.
CONFINEMENT: That D's act Confined P to a bounded area (via physical restraint or threats of force) INTENT: D intended to confine or restrain P w/in a bounded area CAUSATION: That D's act "caused" such a confinement of P AWARENESS or HARM: That either P was aware of the confinement while it occurred, or else P was actually harmed by it. |
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False Imprisonment (Elements)?
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(i) an act or omission on the part of D that confines or restrains P
(ii) To a bounded area (iii) Intent; and (iv) Causation |
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SEVEN intention torts?
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FITTED CAB
False Imprisonment Trespass to land Trespass to chattels intentional infliction of Emotional distress Conversion Assault Battery |
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What does "intent" refer to, in the context of intentional torts?
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it refers to either a person's DESIRE that certain consequences result from his actions, or his KNOWLEDGE that those results are substantially certain to occur as a result of his actions.
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Difference b/w "negligence" and "intent"?
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Negligence turns upon the LIKELIHOOOD of a result, whereas intent involves the DESIRE for a certain result to occur.
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What five torts are covered by "transferred intent"?
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FIT BAT
False Imprisonment Trespass to land Battery Assault Trespass to Chattels |
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What is the only intentional tort to the person that requires damages?
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Intentional Infliction of Emotional Distress
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