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14 Cards in this Set
- Front
- Back
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Intentional Torts
What are the elements of an intentional tort? |
Act done with intent that causes harm: (1) volitional act; (2) deliberate intent (transferred intent available except for IIED) (3) to cause the harm (but-for and proximate).
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Intentional Torts
Intent can be transferred between ____ and between ____. |
(a) torts
(b) victims |
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Intentional Torts
Transferred intent applies to all intentional torts except ____. |
IIED
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Intentional Torts--Battery
What are the elements of a battery? |
(1) harmful or offensive contact (2) to the person of another that is (3) caused by the intentional act of the defendant.
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Intentional Torts--Battery
Whether a contact is harmful/offensive is evaluated under an objective standard: would a reasonable person find it offensive or harmful. And although this means special sensitivities will not be taken into account unless... |
the tortfeasor is AWARE of the special sensitivity.
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Intentional Torts--Battery
Chris and John are playing soccer. Chris kicks John in the shin. Has Chris committed a battery against John? |
No, he consented to the contact. Consent is a defense to battery, as long as it is within the scope of consent.
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Intentional Torts--Battery
Battery can extend to the victim's person. What is the definition of the "victim's person"? |
Things so closely associated with the person's body that it is deemed to be part of the victim's person. e.g., hat, cane, dog on a leash.
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Intentional Torts--Assault
What are the elements of assault? |
(1) intentional overt act that (2) leads to reasonable apprehension of (3) imminent battery.
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Intentional Torts--Assault
Can mere words suffice for assault? |
No, unless they are coupled with some other circumstance or conduct, e.g., pulling out a gun or threatening words to a blind person.
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Intentional Torts--Assault
What is reasonable apprehension? |
Apprehension is awareness, cognizance, or knowing, NOT FEAR.
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Intentional Torts--Assault
Imminence means something is about to happen. If D calls V from across the country and tells her he is going to kill her, detailing the steps he will take, is this sufficient for assault? |
No. The threat of battery is not imminent; it is not about to happen.
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Intentional Torts--Assault
What kinds of damages are available for assault? |
Nominal, actual, and punitive.
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Intentional Torts--Battery
What kinds of damages are available for battery? |
Nominal, actual, and punitive.
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Negligence--General
What are the elements of a negligence claim? |
Duty, breach, causation, and harm.
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