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23 Cards in this Set
- Front
- Back
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Intentional Torts 3 Main elements
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Tort: Battery, Assault, False Imprisonment, Trespass, Trespass to Chattels, Conversion
Intent: Specific, General, Transferred Intent Causation: |
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Intentional Tort: Intent
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Specific: Intent to bring abut specific consequences
General: Substantial certainty of conduct's result Transferred Intent |
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Intentional Tort: Causation
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An act or something set in motion by defendant caused the result
Conduct was substantial factor in causing result |
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Battery
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Harmful or Offensive Contact
With the plaintiff's person Intent Causation |
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Assault
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Creation of a reasonable apprehension in plaintiff
Of an immediate Battery Intent Causation |
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False Imprisonment
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Act/Omission intended to confine / restrain plaintiff
To a bounded area Known by or causing harm plaintiff Intent Causation |
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Trespass
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Intentional physical invasion by a person or tangible object
Of plaintiff's real property Intent Causation |
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Trespass to Chattels
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Modest or slight interference
with plaintiff's right of possession in a chattel Showing of actual damages / Loss of Use Intent Causation Remedy: Cost of diminution in value, the cost of repair, or reasonable rental value |
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Conversion
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Extensive, significant or great interference
With plaintiff's right of possession in a chattel Intent Causation |
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Intentional Tort: Defenses
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Consent, Self Defense/Defense of Others, Defense to Property, Necessity, Recapture of Chattels, Privilege of Arrest, Parental Discipline, Shopkeeper's Privilege
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Tort Defense: Consent
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Legal capacity, express or implied, scope
Consent by Mistake may still be valid unless defendant caused mistake or took advantage of it counters: Fraud, Duress |
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Tort Defense: Self Defense/Defense of Others
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Reasonable Belief that tort is about to be committed on def/3rd person
Reasonable Force Retreat not required in Majority but some retreat unless in home restatement retreat before deadly force Actor not liable to 3rd parties if accidental, non negligent/ non deliberate |
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Tort Defense: Defense of Property
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Reasonable belief that tort about to be committed
Reasonable Force (No deadly traps) Not against those w/ permission to enter |
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Tort Defense: Necessity to Intentional Torts to Property
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Can enter land of another
Public: absolute defense to protect people Private: partial defense - liable for actual harm caused to plaintiff's property (not for nominal/punitive) |
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Tort Defense: Recapture of Chattels
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Recovery only from wrongdoer
Privileged to enter land to remove chattel Responsible for actual damages if removed from innocent part's land |
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Tort Defense: Privilege of Arrest
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Felonies: Felony was committed and
Reasonable belief that person he arrests has committed it Police may make reasonable mistake as to both elements Citizens may make a reasonable mistake with respect to felon's identity Misdemeanor: Breach of Peace and takes place in front of defendant |
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Tort Defense: Parental Discipline
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Parents may use reasonable force or confinement as necessary to discipline a child
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Tort Defense: Shopkeeper's Privilege
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May detain individuals reasonable believed to be in possession of shoplifted goods for a reasonable time.
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Intentional Infliction of Emotional Distress
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Outrageous Conduct: lower for common carrier, known fragile class
Intent or Recklessness Causation Damages - severe emotional distress, actual, not nominal, damages required |
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Intentional Infliction of Emotional Distress: Bystander
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Bystander Recovery
Intentional injury bystander may recover plaintiff was present at injury plaintiff a close relative of injured defendant knew |
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Negligent Infliction of Emotional Distress
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Negligence: Defendant creates a forseeable risk of physical injury to plaintiff or risk of causing severe emotional distress likely to cause physical symptoms
Plaintiff in zone of physical danger Causation Physical Manifestations: plaintiff suffered distress which manifested in physical symptoms, unless erroneous report of a relative's death, mishandling of a relative's corpse |
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Intentional Misrepresentation
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Affirmative misrepresentation of a material fact
Scienter - defendant knew/believed statement was false Intent to induce reliance on statement Causation: actual reliance Justifiable reliance: justifiable only to statements of fact not opinion Damages: must suffer actual pecuniary damages No defenses |
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Negligent Misrepresentation
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Misrepresentation in a business or professional capacity
breach of duty toward a particular plaintiff Causation: actual reliance Justifiable reliance Damages Generally for commercial situations |
