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15 Cards in this Set
- Front
- Back
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Name 7 intentional torts?
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1. Battery
2. Assault 3. False Imprisonment 4. Intentional Infliction of Emotional Distress 5. Trespass To Land 6. Trespass to Chattel 7. Conversion |
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Elements of Battery?
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2 testable elements:
- must be harmful or offensive conduct - contact with the plaintiff person |
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Elements of Assault?
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4 elements:
- intent - causation - must put D in apprehension - apprehension of immediate battery |
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Elements of Flase Imprisonment?
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4 elements:
- act of restraint - confinement in the bounded area - intent - causation |
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Elements of IIoED?
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4 Elements:
- outrageous conduct - intent or recklesness - causation - P's injured by severe distress |
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Elements of trespass to land?
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4 elements:
- act of physical invasion - we need land - intent - causation |
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Elements of trespass to chattels?
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4 elements:
- act where D interferes with P's right of possesion in a chattel - intent - causation - damage |
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Elements of conversion?
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4 elements:
- act where D interferes with P's right of possesion in a chattel - intent - causation - damage |
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Conversion v. Trespass to Chattels?
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The difference is the magnitude of harm - Conversion's magnitude of harm is greater!
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Four property torts?
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- finders
- gift - liens - bailment |
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Finders?
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2 types:
- abandoned property (owner intentionally parts with the property) - lost property (owner accidentally parts with property with no intent to relinquish) |
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Gifts?
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1. Inter vivos:
- intent to pass the title by owner - acceptance of the gift - delivery 2. Mortis Causa - given in contemplation of death - must be an imminient risk of death |
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Liens?
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Right to retain possesion of somebody's property until the owner satisfies his debt.
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Bailment?
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Owner parts possesion of the property for purpose.
Bailee has duty of care. If bailee acts outside the scope of the bailment he will be subject to strict liability. |
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Defenses to Intentional Torts?
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1. Consent
2. Necessity 3. Self-defense / Defense of others / Defense of property |
