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95 Cards in this Set
- Front
- Back
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PINS DEP |
Product Liability Intentional Torts Negligence Strict Liability Product Liability Defamation Extras Privacy & Nuisance |
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Elements Intentional Torts |
Act Intent Causation |
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Act |
Must be volitional |
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Intent |
Specific General |
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Specific Intent |
Acts with specific purpose of bringing about a particular result |
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General Intent |
Acts with knowledge to a substantial certainty that these consequences will result |
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Tansferred Intent |
May be from one tort to another May be from one person to another Limited to 5 torts |
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5 torts allowing transferred intent |
Assault Battery False Imprisonment Trespass to Chattels Trespass to land |
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Causation |
Defendant's conduct was a substantial factor in bringing about the plaintiffs injury |
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Intentional Torts to the Person |
Battery Assault False Imprisonment IIED |
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Elements of Battery |
Intentional Infliction Harmful or Offensive Contact to Plaintiff's Person Causation |
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Intentional Infliction |
Subjective intent General or Specific |
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Contact |
May be indirect |
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Harmful or Offensive |
Reasonable Person - Objective "Offends a Reasonable sense of personal dignity" Offensive = lack of consent |
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Ordinary contacts of everyday life |
Implied Consent |
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To Plaintiff's Person |
Includes anything that the victim is touching, holding or connected to |
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Assault Elements |
Intentional Creation of Reasonable Apprehension of Imminent Harmful or offensive Contact |
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Intentional Creation |
Could be of Reasonable Apprehension or Could be to make harmful or offensive contact |
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Apprehension |
Knowledge Not Fear Measured from the Victims Perspective |
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Assault by words alone |
General Rule is not enough without some overt act Words may negate apprehension in spite of overt Act
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Future threats |
not sufficient |
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Conditional Threats |
Are sufficient unless Defendant was entitled to compel the action or Condition Negates Intent (impossible to fulfil) |
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Elements of False Imprisonment |
Intentional Act specific intent to confine or Intentional Omission knowledge with substantial certainty omission will result in confinement
Confinement or Restraint to Bounded Area Plaintiff Aware of Confinement or Harmed by Confinement
Causation
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Bounded Area |
Movement confined in all directions No knowledge of any Reasonable escape route |
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Means sufficient to justify False Imprisonment |
Physical Force Physical Barriers Threat of Force Failure to Release False Assertion of Legal Authority |
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Threat of Force |
Must be Credible or Reasonable |
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Failure to Release |
Where there is an affirmative duty to release |
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Future Threats |
Not Sufficient |
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Moral Pressure |
Not Sufficient |
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Elements of IIED |
Reckless or Intentional Infliction of Severe Emotional or Mental Distress by Extreme and Outrageous Conduct Actual Damages Causation
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IIED Intent |
Specific or General or Reckless |
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Reckless IIED |
Reckless Disregard of High Probability |
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Distress |
Must be Actual |
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Severe |
Of such substantial quantity or enduring quality that no reasonable person in a civilized society should be expected to endure it |
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Extreme and Outrageous Conduct |
Conduct which goes beyond all possible bounds of decency so as to be regarded as atrocious and utterly intolerable in a civilized community
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Conduct that would cause an average member of the community to immediately react in outrage |
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Factors considered for Extreme and Outrageous |
Pattern of Conduct Fiduciary Duty Racial Epithets Vulnerable Victim
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Pattern of Conduct |
Could raise otherwise innocuous conduct to Extreme and Outrageous,
Must be repetetive and continuous |
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Fiduciary Duty |
Employer Employee Doctor Patient Common Carrier InnKeeper |
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Common Carrier and Innkeeper |
Have Duty to provide High Courtesy to Customers |
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Use of Racial Epithets |
Difficult to Test |
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Vulnerable Victims |
Young Children Elderly Pregnant Women Super Sensitivity |
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Super Sensitivity |
If Known to Defendant |
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Extreme and Outrageous does not enclude |
Mere Insults Indignities Threats Annoyances Petty Oppressions Other Trivialities |
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Actual Damages for IIED |
Is only intentional tort requiring actual damages |
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IIED of Third Parties |
Meets elements of IIED or Is immediate family member/close relative of Victim and Was present when injury occurred and Defendant is aware of status and presence |
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Intentional Torts to Property |
Trespass to Land Trespass to Chattels Conversion |
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Trespass to Land |
Wrongful and Intentional Physical Invasion of Plaintiff's Real Property Causation Damages
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Intent for Trespass to Land |
Specific or General Does not require knowledge of wrongfulness |
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Physical Invasion |
May be intangible if Nuisance |
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Of Plaintiff's Real Property |
Airspace available for reasonable use by owner
Subterraneous space available for reasonable use by owner |
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Trespass to Chattels |
Intentional Interference with Right of Possesion |
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Intent for Trespass to Chattels |
Specific General |
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Interference |
Damage to Chattel or Dispossession of Chattel |
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Damages |
Must be Actual
May be satisfied by temporary dispossession |
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Remedy for Trespass of Chattels |
Damages |
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Conversion |
Intent to Interference and Substantial Interference with Right to Use or Possess and Causation |
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Substantial Interference |
Severe enough to justify defendant pay full value |
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Factors raising Trespass to Conversion |
Duration Faith Harm to Property Inconvenience to Victim |
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Remedy for Conversion |
FMV at Time of Conversion and Defendant keeps property or Replevin |
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Defences to Intentional Torts |
Consent Self Defence Self Defence of Others Recapture of Chattels Re-entry onto land Necessity Shopkeeper Privilege Arrest
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Consent |
Express Implied
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Express Consent |
Clearly and Un-mistakenly stated Written or Spoken Unless Fraud Duress or Mistake |
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Fraudulent Express Consent |
Related to essential Matters Only |
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Duress and express consent |
Must be present |
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Implied Consent |
From victims conduct, custom or circumstances |
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Apparent Consent |
A reasonable person in the defendant's position would have believed the victim consented
Subjective intent of the victim is irrelevent |
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Custom and Usage |
Where minor invasions are routine such as sports |
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Consent from circumstances |
Implied by Law such as treating unconscious victim |
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Consentor must have capacity |
Minor Intoxication Consciousness Sanity |
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Consent and Scope |
Liability for substantially exceding scope |
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Self Defense |
If Reasonable Belief in Imminent Genuine Threat of Force then Defense with Similar Force
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Degree of Force for Self Defense |
Liability for excessive Force |
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Non-Deadly Force for Self Defense |
Any time reasonable belief of imminent force |
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Deadly Force for Self Defense |
Innocent Defender Reasonably Believes Imminent Threat of Serious Bodily Harm or Death |
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Duty to Retreat and Self Defense |
Restatement - Duty to Retreat from Deadly Force if Safe unless In Home |
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Deadly Force in Home Duty to Retreat |
No duty to retreat unless attacker also lives in home |
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Self Defense and accidental third party injuries |
No liability is self defense justified |
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Self Defense of Others |
Force appropriate for circumstances |
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Belief for Self Defense of Others |
Reasonable Honest belief other would be justified in using self defense regardless of fact
Reasonable Mistake OK |
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Degree of Force Self Defense of Others |
Force that would be necessary where the attack upon the defender |
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Defense of Property |
Reasonable force for defense of chattels Warning required No Deadly Force unless Imminent threat of death or serious bodily harm but In no case is the use of deadly mechanical devices justified |
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Reasonable Mistake and Defense of Property |
In allowed in the case of intrusion if Warning given unless Intruder actually had a privilege that Supersedes defender's property right but not if Intruder Actually Caused Mistake
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Recapture of Chattel's |
Reasonable Force allowed against Wrong Doer or Third Party w/Knowledge if Wrongful Taking and in Fresh Pursuit and with Timely Demand unless Futile or Dangerous but not Deadly Force
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Fresh Pursuit |
Without reasonable delay |
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Re-entry Onto Land |
Common Law - Reasonable Force Modern Law - No force |
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Necessity |
Public Private |
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Public Necessity |
Necessary to prevent disaster to many people or community
No compensation required |
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Private Necessity |
Required in Emergency to prevent injury to oneself or ones property or third party or property if no less damaging method available |
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Damages and Private Necessity |
No nominal or punitive damages
Must pay actual damages caused |
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Shop Keepers Priveledge |
Authorization to retain in reasonable manner for reasonable period of time a suspected shoplifter if reasonable belief |
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Reasonable time for shop keeper's privelege |
Long enough to determine guilt, 10-15 min, then must call police or release |
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Privilege of Arrest |
For Police Officers With apparently correct arrest warrant or Felony Arrest if Reasonable Belief Felony has been committed and Suspect committed the felony
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Privilege of Arrest Private Citizen |
Felony must actually have been committed and Citizen has reasonable grounds for believing suspect committed felony |
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Privilege of Arrest for Misdemeanor |
Police and Citizen Breach of Peace and Committed in presence or arresting party No deadly force |
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Legal Incapacity as a defense |
Cannot be used Children may not escape intentional tort so easilly |
