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25 Cards in this Set
- Front
- Back
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When can a prima facie tort be used?
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a prima facie tort may be pleaded in the alternative to a traditional tort. Once a traditional tort is establish, the causes of action for pirma facie tort disappears.
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What is a Prima Facie Tort?
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A prima facie tort is actionable in New York where:
1) There has been intention of harm 2) causing special damages 3) Without excuse or justification 4) by an act or series of acts that would otherwise be lawful. |
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What are the intentional Torts to a person?
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1. Battery
2. Assault 3. False Imprisonment 4. Intentional Infliction of emtional distress |
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What is Battery?
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Harmful or offensive conduct - touching the body is offensive if it's not permitted by a person of ordinary sensitivity.
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What is Assault?
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Where the defendant places P in reasonable apprehension of a battery.
*Apprehension = knowledge |
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What is False Imprisonment?
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There must a an act of restraint and confinement in a bounded area.
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What may suffice as an act of restraint?
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1. Physical restraint
2. Threats can be sufficient ("if you leave I'll murder your son") |
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What can be defined as a bounded area?
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1. Plaintiff's movements must be limited/inhibited in all directions
2. Area is not bounded if there's a reasonable means of escape known to P 3.If person doesn't knows and couldn't reasonbly find a way to escape he is bounded. |
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What is Intentional infliction of emotional distress?
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Defendant intends to cause plaintiff distress The conduct must be outrageous and cause damages
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What is outragous conduct? IIED
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Exceed all bound of dencency tolerated in a civilided society.
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What are factors towards a finding of outrageous conduct?
IIED |
1) Bad Behavior is continuous, repetitive, on-going
2) Defendant is a common carrier (airline, bus, railroad) or an inn-keeper (hotel) 3) Plaintiff is a member of a fragile class (little kid, elderly, known pregnant women) |
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What type of damages can be recovered under IIED?
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Severe distress need not take any particular form - need not be any external observable phyiscal symptoms. Plaintiff need not seek psychiatrists help
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What IIED is considred a separate cause of action in N.Y.?
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The intentional mishandling of a corpse.
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Does NY recognize IIED?
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New York recognizes the tor of intentional infliction of mental or emotional distress and does NOT require proof o physical harm or contact in order to complete the tort.
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If a person's property is GROUNDLESSLY attached to an action may the owner recover for IIED?
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The owner of property that is attached groundlessly MAY recover damages for mental distress upon a showing of lack of probable cause for the attachement and actual malice, which may be inferrd from awareness that there is no possibility of success in the action.
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What are factors towards a finding of outrageous conduct?
IIED |
1) Bad Behavior is continuous, repetitive, on-going
2) Defendant is a common carrier (airline, bus, railroad) or an inn-keeper (hotel) 3) Plaintiff is a member of a fragile class (little kid, elderly, known pregnant women) |
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What type of damages can be recovered under IIED?
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Severe distress need not take any particular form - need not be any external observable phyiscal symptoms. Plaintiff need not seek psychiatrists help
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What IIED is considred a separate cause of action in N.Y.?
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The intentional mishandling of a corpse.
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Does NY recognize IIED?
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New York recognizes the tor of intentional infliction of mental or emotional distress and does NOT require proof o physical harm or contact in order to complete the tort.
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If a person's property is GROUNDLESSLY attached to an action may the owner recover for IIED?
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The owner of property that is attached groundlessly MAY recover damages for mental distress upon a showing of lack of probable cause for the attachement and actual malice, which may be inferrd from awareness that there is no possibility of success in the action.
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What are the defenses to intentional torts?
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1) Privilege
a) Medical Emergencies b) Use of Deadly Force |
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What is Medical Emergencies? IIED
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Under NY Law, the consent of an unconscious person to medical treatment by a physcian to prevent death or serious bodily harm when the physician reasonably believes that no one competent to consent is available.
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What is Use of Deadly Force? IIED
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Use of deadly force is allowed to prevent:
1) Arson 2) Prevent burglary of a dwelling OR 3) Prevent burglary of an occupied building. |
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When is retreat NOT required before using deadly force?
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Retreat is required before using deadly force unless the actor:
1) Cannot do so safely 2) is in his own dwelling 3) is a police office OR 4) is a person assisting a police officer |
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When may an owner of a retail business properly detain someone?
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A person may be detained in a reasonable manner for a reasonable time if the owner has reasonable grounds to believe that a larceny of merchandise was committed or attempted
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