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17 Cards in this Set
- Front
- Back
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Battery
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Act by defendant that intentionally causes a harmful or offensive contact with plaintiff's person.
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Assault
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Act by defendant that intentionally causes reasonable apprehension in plaintiff of immediately receiving a battery.
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False Imprisonment
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Act by defendant that intentionally causes the plaintiff to be confined to a bounded area.
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Intensional Infliction of Emotional Distress
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Extreme and outrageous conduct by defendant that intentionally or recklessly causes sever emotional distress in plaintiff.
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list the 7 intentional torts
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1.Assault 2.Battery 3.False imprisonment 4. intentional infliction of emotional distress 5.Trespass to land 6.Trespass to chattel 7.Trespass to conversion.
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Specific intent
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Defendant desires to commit the act or the result.
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General intent
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Defendant knows with substantial certainty the act or the result will occur.
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Transferred intent
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When the defendant intends to commit one tort, but instead (or in addition) commits another tort to the same plaintiff, and/or commits: the same and/or different tort to a different plaintiff.
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Causation
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1.The defendant's act or the force in motion by defendnat must have caused the result: or 2.The defendants act is a substantial factor
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Self Defense
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When D has a reasonable belief that a tort is about to happen to his person, he may use reasonable force to prevent such harm.
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Defense of Others
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When D has a reasonable belief that a tort is about to happen to an innocent third-party, he may use reasonable force to prevent such harm.
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Self Defense-Mistake
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A reasonable mistake (judged objectively) is a valid defence.
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Defense of Others-Mistake
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A reasonable mistake (judged objectively) is a valid defence.
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Trepass to Chattel/Conversion
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An intentional act by D that causes an interference with P's possessory interest in Chattel. Conversion will result if the interference is so severe as to warrent a forced sale.
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Intentional Act-To Chattel
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The D must intend to do the act that caused the interference with P's chattel.
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Interference-To Chattel
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Interference can be intermeddling, or damage to chattel.
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Intentionally Causes-To Battery
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The D must either desire to commit the harmful or offensive contact or know with substantial certainty that the contact will occur.
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