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6 Cards in this Set

  • Front
  • Back
What are the elements of the tort of battery?
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
What are the elements of the tort of assault?
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
May words alone ever constitute the tort of assault?
No
What are the elements of the tort of false imprisonment
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
Name six methods of confinement or restraint that qualify for the tort of false imprisonment
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
False imprisonment will result where P is restrained by the use of physical force directed at what three things?
1) P
2) P's immediate family, or
3) P's property