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14 Cards in this Set
- Front
- Back
what are the 7 major intentional torts?
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they are: FITTED CAB
1. False Imprisonment 2. Trespass to Land 3. Trespass to Chattels 4. intentional infliction of Emotional Distress 5. Conversion 6. Assault 7. Battery |
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False Imprisonment: list elements
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IAICN
1. intent 2. act of confinement 3. in a bounded area 4. causation note: plaintiff must be aware of imprisonment |
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Trespass to Chattels: list elements
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IICD
1. Intent 2. Interference with plaintiffs right of possession in a chattell 3. Causation 4. Damages (harmless trespass will not suffice). |
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trespass to land: list elements
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IPC
1. intent 2. physical invasion of real property. 3. causation |
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Battery: list elements
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1. intent
2. harmful or offensive contact 3. to plaintiffs person 4. causation note: plaintiffs person includes anything connected with the plaintiff |
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Assault: list elements
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1. intent
2. act by defendant that creates a reasonable apprehension in plaintiff. 3. of immediate or harmful or offensive contact. 4. causation |
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Conversion: list elements
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1. intent
2. interference with plaintiffs right to possession. 3. serious interference. 4. causation |
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Intentional infliction of emotional distress: list elements
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1. intent or recklessness
2. act of defendant amounting to extreme and outrageous conduct. 3. causation 4. damages must include severe emotional distress. IIED is the only intentional tort to persons that requires damages. |
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Defenses of torts to persons:
list defenses |
1. consent
2. self-defense 3. defense of others |
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Defenses of torts to property:
list defenses |
1. defense of real property
2. recapture of chattel 3. necessity |
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Consent- defense to per torts
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1. valid consent absent fraud
2. scope of consent 3. consented act must not be criminal |
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self-defense---defense to per torts
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1. imminent threat that cannot be in response to a pass tort
2. reasonable mistake is permissable 3. may not use more force than what is reasonably necessary. Note: self-defense is generally not available to the initial aggressor. |
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defense of others
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1. same rule as self-defense but
2. no reasonable mistake allowed. |
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defense of property
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1. reasonable force may be used to prevent commission of a tort against property
2. defense of property will not overcome privilege. 3. no deadly force may be used. 4. reasonable mistake allowed |