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15 Cards in this Set
- Front
- Back
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Intentional Torts
Voluntary Act |
D not liable for act that is not voluntary, if it is product of pure reflex or D is unconscious
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Intentional Torts
Intent |
Established is D either:
-desires that his act will cause the harmful result; or -knows that it is substantially certain such a result will occur |
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Torts
Elements of Intentional Torts |
-voluntary act
-intent -causation -harm -lack of privilege or intent |
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Intentional Torts
Causation |
D's act or a force set in motion by that act must cause P's injury
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7 Intentional Torts
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battery
assault false imprisonment IIED trespass to land trespass to chattels conversion |
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Intentional Torts
Battery |
intentional act that causes harmful or offensive contact w/ P or something closely connected to P
(REMEMBER: P DOES NOT HAVE TO BE AWARE OF CONTACT) |
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Intentional Torts
Assault |
intentional act that causes P to experience reasonable apprehension of an immediate harmful or offensice contact
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Intentional Torts
False Imprisonment |
intentional act that causes P to be confined or restrained to a bounded area against P's will, and the P knows of the confinement
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Intentional Torts: False Imprisonment
P may be confined by... |
-use of physical barriers
-failing to release P where D has legal duty to do so -invalid assertion of legal authority |
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Intentional Torts
Intentional Infliction of Emotional Distress |
intentional or reckless act amounting to extrememe and outrageous conduct that causes P severe mental distress
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Intentional Torts: IIED
"extreme and outrareous conduct" |
satisfied if D' conduct is beyond the bounds of decency
(offensive language usually not unless directed at common carriers, innkeepers, those with known sensitivities such as the elderly, chidren, and pregnant women) |
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Intentional Torts: IIED
Harm |
P must prove distress was severe - more than a reasonable person could be expected to endure; must be substantial, not trivial or transiory; MOST STATES don't require physical injury accompanied the emotional distress
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Intentional Torts: IIED
Acts directed at 3rd Party |
D is liable to P, if the D intentionally or recklessly causes severe emotional distress to: a) P is immediate family member of 3rd party and P is present at time and D is aware P is present; b) to any P who is present if distress results in bodily harm
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Intentional Torts
Trespass to Land |
Intentional act that causes a physical invasion of P's land; even if D is unaware of boundary or has a good faith belief his entry is lawful
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Intentional Torts: Tress to Land
Possession v Ownership |
P must be in possesion of land, ie adverse possessor or leassee may bring action; HOWEVER if person who holds title is not in possession, cannot bring action
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