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8 Cards in this Set
- Front
- Back
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PRIMA FACIE CASE INTENTIONAL TORTS |
- A volitional act by the defendant ( must be a voluntary movement, seizure doesnt count) Look if it was dictated by defendan'ts mind or will -Intent, and -Causation |
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PRIMA FACIE CASE FOR BATTERY |
- A volitional act by the defendant -Intent to bring about a contact with the plaintiff's person or extended personality (doesnt have to be hostile or meant to cause injury) -Causation of a harmful or offensive contact (acts of the D or sth set in motion by the acts of the D) No need to prove any damages, nominal damages are ok. |
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PRIMA FACIE CASE FOR ASSAULT |
-A volitional act by the defendant -Intent to cause apprehension of an imminent harmful or offensive contact to the plaintiff's person(threats of future bodily harm doesnt work) -Causation of a reasonable apprehension of imminent harmful or offensive contact to the plaintiff's person (acts of the D or sth set in motion by the acts of the D) No need to prove any damages, nominal damages are ok. |
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PRIMA FACIE CASE FOR FALSE EMPRISONMENT |
- An act or commission by the defendant that confines or restrains the plaintiff (must have occured) -to a bounded area -with intent to confine or restrain the plaintiff (negligent intent doesnt work, need the intent) -Causation (acts of the D or sth set in motion by the acts of the D) No need to prove any damages, nominal damages are ok. STOREOWNER's Privilege : A storeowner has a privilege to detain shoplifter if-the storeowner has reasonable belief that the theft occured-the detention is conducted in a reasonable manner and with non-deadly force-the detention is limited to a reasonable period of time to make an investigationUnlawful arrest may be false imprisonment. |
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PRIMA FACIE CASE FOR IIED |
-An extreme or outrageous act or conduct by the defendant -Intent to cause the plaintiff to suffer severe emotional distress, or, recklessness as to wether the conduct will cause the plaintiff to suffer severe emotional distress -Causation (acts of the D or sth set in motion by the acts of the D) -Damages for severe emotional distress No need to prove any damages, nominal damages are ok. IIED to Bystander If bystander is a family member -The plaintiff was present at the time the defendant directed extreme and outrageous conduct towards the third person -The plaintiff is a close relative of the third person and -All the elements for IIED If not family member : -The defendant directed exteme and outrageous conduct towards a third person -The plaintiff was present at the time the defendant directed extreme and outrageous conduct towards the third person, and the plaintiff suffered bodily harm and -all the elements from IED |
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PRIMA FACIE CASE FOR TRESPASS TO CHATTELS |
-A volitional act by the defendant that interferes with the plaintiff's right of possession -Intent to perform the act that resulted in interference -Causation (acts of the D or sth set in motion by the acts of the D) -Damages (need to show actual damages) |
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PRIMA FACIE CASE FOR CONVERSION |
-A volitional act by the defendant that interferes with the plaintiff's right of possession to a serious degree -Intent to perform the act that resulted in interference (need intent , if accidental doesnt work), and -Causation(acts of the D or sth set in motion by the acts of the D) Remedies : replevin ( property returned to him ) or damages which will be fair market value of the chattel at the time and place of conversion so it is a forced sale. |
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PRIMA FACIE CASE FOR TRESPASS TO LAND |
-A volitional act by the defendant to land of physical invasion of the plaintiff's real property (throwing a stone into the property is ok) -Intent to invade the property, and ( the defendant must only intend to enter theland, did not have intent to trespass the land) -Causaiton(acts of the D or sth set in motion by the acts of the D) No damages needed |
