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24 Cards in this Set
- Front
- Back
Battery |
1. Defendant intended (purpose or knowledge) to 2. Make contact with plaintiff 3. A harmful or offensive touching occurred, and 4. The defendant has no defense (such as consent) |
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Purpose |
(Specific Intent) The actor subjectively desires the consequence |
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Knowledge |
(General Intent) The actor knows with substantial certainty that the consequence will result |
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Assault |
1. Defendant intended (by purpose or knowledge) to 2. Cause harmful or offensive contact with plaintiff or cause imminent apprehension of such contact 3. And plaintiff is placed in such imminent apprehension, and 4. Defendant has no defense (such as consent) |
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What are the five main Intentional Torts? |
1. Battery 2. Assault 3. False Imprisonment 4. Trespass to Land 5. Trespass to Chattels |
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What are all the intentional torts? |
1. Battery
2. Assault 3. False Imprisonment 4. Trespass to Land 5. Trespass to Chattels 6. Conversion 7. Intentional/REckless Infliction of Emotional Distress |
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What is intent? |
Intent is a state of mind about consequences or results (purpose or knowledge) |
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Intentional/Reckless Infliction of Severe Emotional Distress |
1. Intent to cause emotional distress or recklessness with respect, thereto 2. Extreme and outrageous conduct 3. Causation 4. Severe emotional distress |
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IIED Bystandard Claims |
Has to prove all of the elements of IIED PLUS 1. plaintiff was present at the injury to the other person 2. The other person was a close relative of the plaintiff 3. Defendant knew that plaintiff was a close relative AND that plaintiff was present |
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Recklessness (both definitions) |
Subjectively: Conscious indifference to a known risk of serious harm Objectively: Extreme lack of care |
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False Imprisonment |
1. Intent (purpose or knowledge) to confine 2. Unconsented detention within boundaries fixed by the defendant without a reasonable exit apparent 3. By unreasonable force, threat of force, or assertion of legal authority 4. Harm or knowledge of confinement |
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Trespass to Land |
1. Intent (purpose or knowledge) to be present 2. Unconsented physical presence on, above, or under the land of another. |
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Trespass to Chattel |
1. Intent (purpose or knowledge) to affect chattel 2. Unconsented minor interference with possessory interest in dispossession, use, or physical contact 3. Absent Dispossession, Damage in the form of: Substantial loss of use, or Impairment of condition, quality, or value |
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Conversion |
1. Intentional unconsented exercise of dominion/control 2. Over chattel 3. That so seriously interferes with the true owner's right of control so as to justify a damage award equal to the full value of the chattel |
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Dispossession is Committed by intentionally ? |
1. Taking without permission 2. Obtaining by fraud or duress 3. Barring Access 4. Completely destroying 5. Taking into the custody of the law |
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Contributory Negligence |
Failure to exercise reasonable care on one's own behalf |
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Assumption of the Risk |
1. Voluntary confrontation of a 2. Subjectively appreciated danger 3. With no expectation that defendant will exercise care |
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Damage Awards for Future Losses elements |
Longevity Future earnings Discounting Inflation |
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Longevity |
May be predicted using mortality tables |
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Future Earnings |
Based on the plaintiff's ability to earn money in the future, as well as the period during which the plaintiff would b e likely to work (i.e. through retirement age) |
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Object of discounting |
Lost future wages to present value is to give the plaintiff an amount of money which, invested safely, will grow to a sum equal to her wages |
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Inflation |
Reflects the los of purchasing power in the future |
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Under common law what are the two major defenses? |
1. Contributory negligence 2. Assumption of the risk |
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Contributory negligence |
Existed if the plaintiff's failure to exercise care for self protection contributed to the plaintiffs injury or loss |