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22 Cards in this Set

  • Front
  • Back
Prima facie case
In intentional torts plaintiff must prove
act, intent,causation.
Desire or know with substantial certainty result will occur
Does sue buy a cat or dog
Was there a duty, standard of care, breach,causation (factual/proximate)damages.
intent to cause harmful or offensive contact, and contact is made. (no privilleges)
permission can be express or implied. O'brien v. Cunard.
consent by mistake
valid unless d caused or knows of mistake
consent by fraud
invalid- demay v roberts
consent by duress
consent implied by law
emergency situations, p is incapable of consent reasonable person would consent, necessry to prevent death or serious bodily harm.
can children consent? Incompetents?
Consent to a criminal act valid?
self defense
reasonable force necessary in protection against injury/immediate threat of harm/not retaliation/retreat not necessary.
Defense of others
reasonable force to protect 3rd person/3rd person must be privileged, reasonable mistake-ok
Defense of property
reasonable force to prevent tort against property/slight force may be unresonable/hot pursuit okay
Defense of habitat
Serious harm only when people threatened. No indirect deadly force (spring gun)
Interfere w/property of another in order to avoid greater injury
Private necessity
interfere w/private property to protect greater public interest.liable for damages.
Public necessity
Injures private property to protectr community. complete defense
Transferred intent doctrine
intent to commit one tort is sufficinet for 5 traditional torts
intent to commit tort on 1 victim transferable to to injured person.
Intent to cause emotional distress or reckless disregard in regards to causation/extreme or outrageous conduct/causation/damages
IIED 3rd party
Close relationship/present at scene/D knows person is present
False imprisonment
Intent to confine within a bounded area w/out reasonable apparent exit, by unreasonable force, threat of force, or assertion of legal authority/knowledge of confinement or harm.