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8 Cards in this Set

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  • Back
Intent
i) Elements: a person acts with the intent to produce a consequence if:
(1) The person has the purpose of producing that consequence; or
(2) The person knows to a substantial certainty that the consequences will ensue from the person’s conduct
Battery
(1) Act
(2) Intent
1) Purpose; OR
2) Knowledge to a substantial certainty that harmful or offensive conduct will occur
(3) Harmful or offensive contact – includes contacts that are truly harmful and contact that is merely offensive => damaging to a reasonable sense of dignity
(4) No consent or privilege
Assault
(1) Act
(2) Intent
1) Purpose to make imminently apprehensive of harmful or offensive touch
2) Knowledge to a substantial certainty that the act will put the Π in imminent apprehension of a harmful of offensive touch
(3) Actual imminent apprehension (subjective – Π must be aware – apprehension different from fear => QMO v. Eaton punch hypo)
(4) Apparent imminent ability to carryout conduct threatened (not threat of future action)
False Imprisonment
(1) Act or omission by the Δ
(2) Intent
1) Purpose to confine a person
2) Knowledge to a substantial certainty that you are confining a person
(3) Physical confinement – must be confined within definite physical boundaries
(4) Lack of consent or privilege
Intentional Infliction of Emotional Distress
(1) Conduct must be intentional OR reckless
1) Intentional can be
(i) Purpose; OR
(ii) Substantial certainty act will result in IIOED
(2) Conduct must be extreme and outrageous
(3) Causal connection b/t wrongful conduct and emotional distress
(4) Emotional distress must be severe
Trespass to Land
(1) Act of physical entry onto the land of another without permission
(2) Intent
1) Purpose; OR
2) Knowledge to a substantial certainty entry to property will occur
(3) Resulting actual invasion to land
Trespass to Chattels
(1) Act (Use or intermeddlement of chattel in possession of another)
(2) Intent
1) Purpose to use or intermeddle with the chattel or another; OR
2) Know to a substantial certainty that you are using or intermeddling
(3) Actual harm - actual harm must be done because we are not trying to determine title as in trespass to property but rather trying to compensate for damage done to the chattel
Conversion
(1) Act (use or intermeddlement)
(2) Intent
1) Purpose to use or intermeddle with the chattel or another; OR
2) Know to a substantial certainty that you are using or intermeddling
(3) Dominion or control
(4) Actual harm: full interference with the right of the possessor to the point that it is fair to make the D pay the full price of the property