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10 Cards in this Set
- Front
- Back
7 Intentional torts
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1. Assault
2. Battery 3. False Imprisonment 4. IIED 5. Tresspass to Land 6. Trespass to Chattells/Conversion 7. Defamation |
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Elements of Assault
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1. Reasonable apprehension
2. Of immediate battery 3. Intent 4. Causation |
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Elements of Battery
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1. Harmful or offensive contact
2. With plaintiff's person 3. Intent 4. Causation |
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Elements of False Imprisonment
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1. Act of restraint
2. To bounded area 3. Intent 4. Causation |
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Elements of Intentional Infliction of Emotional Distress
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1. Outrageous conduct
2. Severe distress 3. Intent or recklessness 4. Causation |
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Elements of Trespass to Land
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1. Physical invasion
2. Land of another 3. Intent 4. Causation |
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Elements of Trespass to Chattels and Conversion
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1. Interference with right to possession of personal property
2. Intent 3. Causation 4. Damages |
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Difference between Trespass to Chattels and Conversion
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Major damage = Conversion and right to recover full value of property; Minor damage = Trespass to chattels and right to recover cost of repair
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Elements of defamation (non-1st Amendment)
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1. Defamatory statement
2. About the plaintiff 3. Publication (to a 3d party) 4. Injury to plaintiff's reputation |
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Slander per se categories
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1. Business/professional
2. Crime involving moral turpitude 3. Loathsome disease 4. Imputing chastity of a woman |