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9 Cards in this Set
- Front
- Back
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Elements of battery? (4)
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1. harmful or offensive contact.
2. to plaintiff's person 3. Intent 4. Causation |
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Element of assault? (4)
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1. Reasonable apprehension in plaintiff
2. Of immediate harmful or offensive contact 3. Intent 4. Causation |
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Elements of false imprisonment? (4)
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1. An act or omission on the part of defendant that confines or restrains plaintiff.
2. Bounded area 3. Intent 4. Causation Plaintiff must know or be harmed by the confinement. There must be no reasonable means of escape known to plaintiff. |
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Elements of intentional infliction of emotional distress? (4)
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1. Extreme and outrageous conduct
Exception: continuous conduct, special plaintiff, common carriers and innkeepers (screw them) 2. Intent or **recklessness 3. Causation 4. Damages - severe emotional distress. **This is the only intent. tort that requires damages! No nominal damages! |
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How can a bystander recover for IIED? (3)
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1. Bystander was present when the injury occurred
2. Bystander was a close relative of the injured person 3. The defendants knew facts 1 and 2. |
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Elements to trespass to land? (3)
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1. Physical invasion to plaintiff's real property. Person or object may invade.
2. Intent 3. Causation |
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Elements to trespass to chattels? (4)
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1. Act by def. that interferes with plaintiff's right of possession in a chattel. Interference may be either damages to the chattel OR depriving plaintiff of his right of possession of chattel.
2. Intent 3. Causation 4. Damages |
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Elements of conversion? (4)
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1. An act by def. that interferes with plaintiff's right of possession in a chattel.
2. Interference is SO SERIOUS that is warrants requiring def. to pay the chattel's full value. 3. Intent 4. Causation Conversion includes: theft, wrongful detention, substantially changing, severely damaging, or misusing a chattel. Remedy can be award of fair market value of chattel at time of conversion or replevin (return of chattel) |
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What are the defenses to intentional torts? (5)
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1. Consent
2. Self-defense, defense of others, defense of property 3. Privilege of arrest 4. Necessity 5. Discipline |
