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15 Cards in this Set

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  • Back
Name 7 intentional torts?
1. Battery
2. Assault
3. False Imprisonment
4. Intentional Infliction of Emotional Distress
5. Trespass To Land
6. Trespass to Chattel
7. Conversion
Elements of Battery?
2 testable elements:
- must be harmful or offensive conduct
- contact with the plaintiff person
Elements of Assault?
4 elements:
- intent
- causation
- must put D in apprehension
- apprehension of immediate battery
Elements of Flase Imprisonment?
4 elements:
- act of restraint
- confinement in the bounded area
- intent
- causation
Elements of IIoED?
4 Elements:
- outrageous conduct
- intent or recklesness
- causation
- P's injured by severe distress
Elements of trespass to land?
4 elements:
- act of physical invasion
- we need land
- intent
- causation
Elements of trespass to chattels?
4 elements:
- act where D interferes with P's right of possesion in a chattel
- intent
- causation
- damage
Elements of conversion?
4 elements:
- act where D interferes with P's right of possesion in a chattel
- intent
- causation
- damage
Conversion v. Trespass to Chattels?
The difference is the magnitude of harm - Conversion's magnitude of harm is greater!
Four property torts?
- finders
- gift
- liens
- bailment
Finders?
2 types:
- abandoned property (owner intentionally parts with the property)
- lost property (owner accidentally parts with property with no intent to relinquish)
Gifts?
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
Liens?
Right to retain possesion of somebody's property until the owner satisfies his debt.
Bailment?
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.
Defenses to Intentional Torts?
1. Consent
2. Necessity
3. Self-defense / Defense of others / Defense of property