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10 Cards in this Set
- Front
- Back
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Intentional Tort (2 Basic Rules) |
1. Ignore any extreme sensitivity of particular plaintiff 2. NO incapacity defenses |
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Intentional Tort (7) |
1. Assault 2. Battery 3. False Imprisonment 4. IIED 5. Trespass to land 6. Trespass to Chattel 7. Conversion |
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Intentional Torts: Prima Facie Case |
1. Intent (specific or general) - Specific: intent to bring a specific harm - General: substantial certainty that tortious conduct will result from D's act 2. Act by D 3. Causation |
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False Imprisonment |
1. Act (omission) resulting in P's restraint/confinement - restraint/confinement does not have to be physical - Duration is not important 2. P is confined to a bounded area - P's freedom of movement is limited - P must have no reasonable means of escape 3. Intent 4. Causation |
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False Imprisonment: Shopkeeper's Privilege |
1. Store may detain a suspected shoplifter on store property 2. Reasonable cause that detainee stole/attempted to steal 3. Limited duration |
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Trespass to Chattel vs. Conversion |
1. D's act that interferes with P's right of possession in a chattel - Serious interference (withholding period/extensive use) - Conversion 2. Intent (to act) 3. Causation 4. Damage * Damages: Actual damages (Chattel) vs. FMV or Replevin (Conversion) |
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Three Defenses |
1. Consent (Express/Implied) 2. Protective Privileges 3. Necessity Defenses (against real property tort) |
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Defense: Protective Privilege (elements) |
1. Reasonable belief - threat is genuine 2. Proper timing - tort is imminent/in progress 3. Reasonable force - proportionate to threat of harm |
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Defense: Public Necessity |
D invades P's property in an emergency to protect the community as a whole or a significant group of people * Absolute defense/ No damages |
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Defense: Private Necessity |
1. D invades P's property in emergency to protect interest of his own 2. As long as emergency continues, P cannot evict/eject D from the land *D liable for compensatory damages (NOT nominal/punitive damages) |
