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15 Cards in this Set
- Front
- Back
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Assault |
Intent that causes reasonable apprehension or fear (P must be aware (see) the act) (P is not required to know D) There must be imminent/immediate contact or harm |
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Assault |
Example: If X approaches Y from behind and makes a threatening gesture, it is not assault. Y must have been aware of the gesture for it to be an assault. |
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Battery |
Intent and causation (D is liable for what ever the action sets into motion) Unauthorized/harmful/offensive contact (the person can be unconscious) |
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Battery |
The guy who kissed the girl while she was asleep committed battery Anything connected with P (i.e. a cane) is viewed as a part of their person |
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False Imprisonment |
Confined in a fixed boundary or by threat of violence P has to be conscious of their confinement |
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False Imprisonment |
3 walls, do not a prison make |
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Trespass to Land |
Intentional unauthorized entry into property of another Remaining on that land Failing to remove a thing that was under duty to remove |
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Trespass to Land |
There is a tree in the road and you must drive onto another's property to avoid it. You are not trespassing |
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Trespass to Chattel |
Unauthorized intermeddling with another's personal property Chattel (property) value is impaired/reduced in some capacity Owner is deprived of use (less than conversion) |
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Trespass to Chattel |
Example: D messes with P's $700 car and $300 of work needs to be done on it now. P is entitled to the reduction in value that D caused |
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Conversion |
Intentional destruction or wrongful possession of personal property that deprives the owner of its use |
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Conversion |
P is entitled to the full value of his destroyed for his personal property |
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Intentional Infliction of Emotional Distress |
Extreme heartless act Intentionally/recklessly causes severe Can effect a 3rd party witness if they are present |
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Intentional Infliction of Emotional Distress |
Defendant is still liable for any injuries, even years after the fact |
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Intentional Infliction of Emotional Distress |
In order for a third party to recover from IIED, Plaintiff must prove that: The 3rd party was present Defendant was aware of 3rd party's presence 3rd party is a close relative of the original P Damages (not necessarily bodily injury) A non-family member must show that D intended to cause ED |
