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15 Cards in this Set

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  • Back
Define - Intentional infliction of emotional distress
Intentional OUTRAGEIOUS act that causes the plaintiff SEVERE emotional distress. - even in the absence of physical harm.
Define - False Imprisonment
Under tort law, false imprisonment is an intentional act causing a person to actually be aware they are confined to an enclosed area with no reasonably apparent, reasonable means of escape.
Define Tortuous Battery
An intentional act that actually causes a harmful or offensive touching of the person. (for test answer) Here the touching was OFFENSIVE because the defendant (quote fact) and this is a socially unacceptable touching that would reasonably offend an average person.
Define Tortuous Conversion
Under tort law conversion is a substantial interference with chattel causing a deprivation of possession the damage award for conversion is that the defendant is required to purchase the chattel interferred with.
Define tortuous assault.
Intentional causing of an apprehension of harmful or offensive contact. You can either intend to commit assault or battery for assault intent.
Another: An intentional act to cause apprehension of a battery and which actually does cause apprehension.
Provide a definition for negligence that can be used for an exam.
Defendant may be liable to plaintiff for negligence if it can be determined that the defendant owed a duty of care to the plaintiff, that defendant breached that duty, and that the plaintiff suffered damages which were actually and proximately caused by defendant's breach.
Define negligence per se
Unexcused violation of a statute or an administrative regulation which is adopted by the court as defining the standard of conduct of a resonable person.
What is Res Ipsa Loquitur
The thing speaks for itself.
Defendant's negligence can be inferred using circumstantial. Jury must decide.
How do you determine a Cause in Fact for Negligence
But for
Substantial Factor
Two or more caused injury -> burden shifts to the defendants.
Multiple causes.
Define apprehension - as in the apprehension used for assault.
Apprehenmeans means that P has a belieft that if she doesn't take action, a harmful or offensive contact will soon occur. P's right to recover is not negated by the fact that she is confident of her own ability to take action to avoid the contact.
How would you define an "offensive contact" and does a friendly backslap qualify as an offensive contact?
For contact to be offensive it must be such as would offend an ORDINARY person's REASONABLE SENSE OF DIGNITY. A back slap doesn't qualify because the GESTURE is a COMMON one in our society and not generally considered offensive.
Define battery and how battery would include a plate held by a person
Battery is an intentional harmful or offensive contact with plaintiff's person. "Plaintiff's person" includes those things INTIMATELY ASSOCIATED with him; for instance a can, stick, plate, the car in which he is riding, or animal he sits on.
Please define the element of causation in the tort of battery.
The ACT to create harmful or offensive contact, must (directly or indirectly) bring about the HO (harmful or Offensive) contact. If yous et in motion th eforce that borught about the contact, that will satisfy the causation element.
can a blind person be apprensive?
not if he must see the problem. Apprehension is a mental condition.
Please define an assault.
An assault is the intentional creation of an apprehension of imminent harmful or offensive contact. "Apprehension" doesn't mean fear, it merely means thatthe victum must believe the UNLESS SHE (THE VICTIM) TAKES ACTION, THE HARMFUL OR OFFENSIVE CONTACT WILL OCCUR.