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6 Cards in this Set
- Front
- Back
What are the elements of the tort of battery?
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1) An act by D which brings about harmful or offensive contact to P's person
2) Intent on the part of D to bring about such contact 3) Causation |
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What are the elements of the tort of assault?
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1) An act by D creating a reasonable apprehension in the P of immediate harmful or offensive contact to P's person
2) Intent on the part of D to bring about such apprehension on the part of P, and 3) Causation |
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May words alone ever constitute the tort of assault?
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No
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What are the elements of the tort of false imprisonment
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1) An act or omission on the part of D that confines or restrains P to a bounded area
2) Intent on the part of D to so confine P, and 3) Causation |
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Name six methods of confinement or restraint that qualify for the tort of false imprisonment
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1) Physical barriers
2) Physical force 3) Direct threats of force 4) Indirect threats of force 5) Failure to provide means of escape 6) Invalid use of legal authority |
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False imprisonment will result where P is restrained by the use of physical force directed at what three things?
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1) P
2) P's immediate family, or 3) P's property |