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37 Cards in this Set
- Front
- Back
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Intent
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D knows with substantial certainty that a particular effect will occur as a result of his action
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Transferred Intent
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If D held the necesary intent with respect to one person, he will be held to have committed an intentional tort against any other person
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Battery
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Intentional infliction of harmful or offensive contact
-Intent -Harmful or offensive contact -P needs to be aware |
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Assault
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Intentionally causing an apprehension of recieving an immediate battery
-Intent to create an apprehension -Intent to make contact -No hostility -Words alone rule -Immenence -P unaware of danger -Threat to third person -Conditional threat |
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False imprisonment
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Act of D that intentionally causes P to be confined to a bounded area
-Intent -Confinement: (1) threats (2) Assertion of legal authority -P must know of confinement |
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Intentional infliction of emotional distress
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Extreme and outrageous conduct by D that intentionally causes severe emotional distress
-Intent (1) D desires to cause P emotional distress (2) K knows with substantial certainty that P will suffer distress (3) D recklessly disregards the high probability that emotional distress -Transferred intent (1) Immediate family present -Extreme and outrageous: beyond all possible bounds of decency -Actual severe distress (1) P must show at least that his distress was severe enough that he sought medical aid |
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Trespass to Land
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An intentional act that brings about a physical invasion of P's land
-Intent (1) volitional acts -Physical invasion (1) allow object to enter (2) enter himself -Damages |
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Trespass to chattel
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An intentional act that brings about an interference with P's possessory interest in chattel
-Loss of possession (1) loose possession of chattel for any time (2) damage -Mistake: No defense -Damages: loss possessory rights |
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Conversion
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An intentional act that brings about an interference with P's possessory interest in chattel, so severe as to warrant a forced sale.
-Act that seriously interferes in p's right of possession -Forced sale: D should be required to pay the property's full value -Damages: (1) fair market value (replevin) |
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Intentional Torts (list all)
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ABC FIT
Assault Battery Conversion False Imprisonment Intentional Infliction of Emotional Distress Trespass to Chattel/Land |
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Defenses to Intentional Torts
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COPS NA
Consent Other, Defense of Property, Denfense of Self-defense Necessity Arrest |
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Consent
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Plantiff must have capacity to consent - Consent will be invalidated if P is incapable of giving that consent (b/c infancy, intoxication, unconscious)
Implied consent can be implied from P's conduct. Express consent: D is not liable if P expressly consents to D's conduct |
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Self Defense
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A person is entitled to use reasaonable force when they have a reasonable belief that Tort is being or about to be committed on D.
Apparent necessity Only for protection Degree of force Retreat |
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Defense of others
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A person is entitled to use reasonable force if they have a reasonable belief that a Tort is being or about to be committed on D.
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Defense of Property
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reasonable belief a tort is about to be committed on property
Warning required first Mistake allowed about force necesary unless D has privilege |
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Shopkeepers Privilege
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Allow to detain for a reasonable period of time, persons who they reasonably believe to be in possession of shoplifted goods to conduct an investigation
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Recapture of Chattel
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A property owner is justified in using reasonable force to regain possession of chattels taken by someone else.
Shopkeepers privilege Reasonable time and peaceful manner Notice to landowner must be given |
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Necessity
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A person may interfere with real or personal property of another where it is reasonable and apparently necessary to avoid threatened injury from natural or other forces and where the threatened injury is substantially more serious than the invasion that seeks to avert it.
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Arrest
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PO will not be liable if a warrant appears correctly issued
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Negligence
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DUTY to conform to a STANDARD OF CARE that is BREACHED BY D and is the PROXIMATE cause of P's injuries
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Duty
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A legal duty that requiring D to conform to certain standard, so as to avoid certain risks for others
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Breached/Failure to Conform
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A failure by D to conform his conduct to this standard
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Proximate cause
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A natural and probable result of D's acts and the harm suffered.
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Actual damages
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P must have suffered actual damages.
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Duty to:
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COLA APE
duty to CONTROL third persons duty to OWNER of land duty to LESEE/vendee duty to AUTO driver duty to AID others PRENATAL injuries negligent EMOTIONAL distress |
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Control Third Persons
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Where D has the actual ability and authority to control 3rd persons, duty owed if:
(1) D holds public premise open to the public (2) D is liable as a parent for negligently failing to control child |
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Owner of Land
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D's duty depends on status of land and P's status
Licensee Invitee Attractive nuisance Artificial condition |
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Licensee
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Licensee: D has a duty to warn of non-obvious dangers to inspect and make any dangerous conditions safe. (firefighters/police)
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Invitee
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Invitee: D has a duty to warn, to inspect, and make any dangerous conditions safe
(city inspectors, trash) Duty to warn: if D knows or should know of P's presence |
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Attractive Nuisance
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Attractive nuisance if D knows that children and that the condition is dangerous to children, children will not be realize danger and outweighs D's burden to eliminate danger.
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Artificial condition
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D has the duty to inspect and maintain in safe condition
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Duty to Lesee/Vendee
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D has no duty to 3rd persons comong on land with vendee's consent
MIN: same duty as owed by vendee/lessee |
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Duty to Aid others
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Examples:
Innkeepers duty to guest Common carrier to customer Jailer to prisoner in peril If D caused P peril or injuries One who undertakes aid must exercise due care |
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Prenatal injuries
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Duty of care toward viable fetus
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Negligent Emotional Distress
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Duty of care not subject others to emotional distress which could forseeably cause them physical injury through physical impact or threat of impact. No duty is owed towards third person's distress resulting from fear for another's safety unless
(1) Third party is within the zone of danger (2) Third party is close relative (3) D had knowledge of third party's presence and relationship to the injured party |
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STANDARD OF CARE
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Duty to act as a REASONABLE PERSON would have acted in the same or similar circumstances.
How did D act? D breaches the standard of care by engaging in conduct that exposes others to unreasonable risk of harm. |
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RES IPSA LOQUITOR
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Three elements must be satisfied:
(1) Type of accident does not occur unless somone was negligent (2) D had exclusive control of the instrumentality (3) P was not contributory negligent |
