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20 Cards in this Set
- Front
- Back
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Battery Elements
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(1) D engages in harmful or offensive contact
(2) Contact is with the P's person |
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Assault Elements
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(1) D puts P in apprehension
(2) Of immediate battery |
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False Imprisonment Elements
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(1) Act of restraint
(2) Resulting in P's confinement in a bounded area |
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Intentional Infliction of Emotional Distress Elements
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(1) Outrageous conduct by the D
(2) P suffers severe distress |
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Trespass Elements
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(1) Act of physical invasion
(2) On P's land |
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Trespass to Chattels Elements
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Intentional interference with chattel (personal property) that does not rise to the level of conversion
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Conversion Elements
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Intentional interference with chattel that causes severe harm to the personal property warranting entire replacement
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Defamation Elements
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(1) D makes defamatory statement
(2) Statement specifically identifies P (3) Publication (4) Damages - sometimes... *Note difference for issues of public concern |
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Invasion of Privacy - Appropriation (NY)
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D uses P's name or likeness without permission for a commercial purpose
*Note newsworthiness exception |
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Defenses to Defamation
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(1) Consent
(2) Truth (3) Privileges: Absolute and Qualified |
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Defamation Concerning Public Concern (1st Amendment) Elements
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(1) Defamatory Statement
(2) About P (3) Publication (4) Damages - sometimes... (5) Falsity of statement (6) Fault on part of D |
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Fraud Elements
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(1) D makes material misrepresentation of FACT
(2) Scienter: intent or recklessness by D (3) Purpose of statement is to induce P (4) Reliance by P (5) Economic damages |
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Negligent Infliction of Emotional Distress Elements
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(1) P must have been in the zone of danger
(2) There are physical manifestations of distress NY Bystander Claim: (1) V is spouse / child / parent (2) P must have been in zone of danger |
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Res Ipsa Loquitor Requirements
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(1) P must show that the accident is not normally caused without negligence
(2) P must show that the accident is normally due to neligence of someone in D's position (= control) |
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Well-Settled Intervening Occurrences - D IS LIABLE
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(1) Intervening medical negligence
(2) Intervening negligent rescue (3) Intervening protection or reaction forces (4) Subsequent disease or accident |
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Requirements for Injunctive Relief in Tort
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(1) No adequate remedy at law
(2) D's tort has invaded protectible right (3) Injunction would be enforceable (4) Balance of hardships tips in P's favor |
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Requirements for Preliminary Injunction - Substantive
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(1) Likelihood of success on the merits
(2) Irreparable injury if relief is not granted |
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Strict Liability in Products Elements
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(1) D is a merchant that routinely deals in the goods
(2) Product is defective (3) Product was not altered (4) P was making foreseeable use of the product |
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Ultra-Hazardous Activities Elements
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(1) Cannot be made reasonably safe given current technology
(2) Risk of severe harm (3) Uncommon in the area where it's being conducted |
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Privacy Torts - What Are They (MBE)
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(1) Appropriation (NY too)
(2) Intrusion (3) False Light (4) Disclosure |
