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32 Cards in this Set

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What are the elements of assault
(1) an affirmative act by the D (2) done with the intent to place the P in apprehension (3) of an imminent harmful or offensive contact to his person and (4) that actually causes the P apprehension
What are the elements of battery
(1) An act by the D that brings about a harmful or offensive contact to the P's person; (2) intent on the part of D to bring about harmful or offensive contact to the P's person; (3) causation
How old have children been that have been held capable of forming the intent for assault
What are the elements of IIED
"(1) Conduct by the D amounting to extreme and outrageous conduct; (2) intent on the part of D to cause P to suffer severe emotional distress, or recklessness as to the effect of D's conduct; (3) causation; and (4) damages-severe emotional distress"
What are the elements of conversion
(1) An act by D interfering with O's right of possession in the chattel that is serious enough in nature or consequence to warrant that the D pay the full value of the chattel; (2) intent to perform the act bringing about the interference with P's right of possession; and (3) causation
What are the elements of Trespass to Chattels
(1) An act of D that interferes with P's right of possession in the chattel; (2) intent to perform the act bringing about the interference with P's right of possession; (3) causation; (4) damages
What are the elements of false imprisonment
(1) an act (or omission to act) by D that confines or restrains P to a bounded area; (2) intent on D's part to confine or restrain the P; and (3) causation
What are the elements of Interference with Business Relations
This can include interference with an existing contract or interference with a prospective economic advantage. (1) the existence of a contractual relationship between P and a third party or a valid business expectancy; (2) D's knowledge of the contractual relationship or the expectancy; (3) intentional interference; (4) damages (remeber there is a privilege to use proper means to obtain business - what is proper depends on the interests involved (argue the facts)
When may force be used to recapture chattels
"Only when one is in ""hot pursuit"" of the wrongdoer"
What is the necessity doctrine
"A person may interfere with the real or personal property of aother if reasonably necessary to avoid injury from some natural or other source, and the harm to be avoided is substantially more serious than the interference"
What is a prima facia defamation case
There is a publication to a 3rd person of a statement understood as defamatory of the P that causes damage to the P's reputation. The type of damage the P must prove depends on whether the defamation was libel or slander
What is libel and what are the damages
Writeen or printed publication of defamatory language wherein the P does not need to prove special damages and general damages are presumed
What is slander and what are the damages
Spoken defamation wherein the P must prove special (pecuniary) damages unless the defamation falls within a slander per se category
What is required for defamation of a public concern/figure
"When defamation involves a public figure and a matter of public concern, the P must prove, in addition to the CL elements, the falsity of the statements as well as malice (knowledge of falsity or reckless disregard for the truth on the part of D)"
"What is required for defamation of a private figure, public concern"
"When the defamation involves a private person but a matter of public concern, the P must prove at least negligence and actual injury, in additiona to falsity and the CL elements"
What is the common law qualified privilege defense
There is a CL qualified privilege to report information that the recipient has a legitimate interest in obtaining
How can the qualified privilege be lost
"through bad faith or abuse, shown through a lack of an honest belief in the truth of the statement, malice in the publication, or excessive publication"
Where do absolute privileges arive for defamation
"communications between spouses, judicial proceedings, legislative proceedings, whether or not the statement relates to the matters at hand. Also for executive proceedings, but only if the statement has some reasonable relationship to the matter at hand"
What is republisher liability for defamation
One who repeats a defamatory statement will be held liable on the same general basis as a primary publisher
What are privileges to republisher liability
"The qualified privileges apply to the publisher. Where no relationship exists between the providor and the recipient, the privilege applies if the defamation was made in response to a request for the info by the recipient, rather than volunteered by the provider"
Who is a trespasser and what duty is owed
A trespasser is one who enters the property of another without right or permission. A trespasser is not owed a duty unless he is known. Landowners who know trespassers frequent their land have a duty of reasonable care to warn trespassers who are known, discovered or anticipated of known dangers.
Who is an infant trespasser and what duty is owed
An infant trespasser is one who falls under the attractive nuisance doctrine.

1) Artificial dangerous condition upon land;
2) Possessor knows (or should know) of condition and realizes risk of harm;
3) Trespassing child enters land;
4) Child does not realize risk because of youth, age, or immaturity; and
5) Possessor fails to exercise reasonable care to eliminate danger or protect child
1. Doctrine is based on foreseeability of harm, NOT attraction onto property
Who is a licensee and what duty is owed
Licenses are those who are given permission to enter the land of another for a specific purpose.
Possessor must warn licensee of concealed, known dangerous conditions
Who is an invitee and what duty is owed
An invitee is one who enters the premises for the benefit of the landowner.

1) Possessor has a duty to inspect premises; and
2) Make safe for protection of invitees who enter.
 Duty does not extend to areas outside scope of invitation
3) No duty to warn of obvious or known dangers unless harm is anticipated (i.e. history of prior criminal acts
Who is an ordinary licensee treated as
"The same as a trespasser, the landowner has a duty to refrain from willful or reckless conduct likely to injure the person"
What duty is owed to a social guest
the landowner must exercise ordinary care to prevent injury to guests from activities carried out in the premises and must warn of any known dangerous conditions that the guest does not likely know of and will not likely know of and will not likely discover
What is negligence per se and what does it establish
"consider whether the statute was intended to protect that type of P from that type of harm; if so, it is a conclusive presumption of duty and breach of duty"
What has Ohio done to the contributory negligence and assumption of the risk analysis
P can recover as long as her fault is no greater than the combined negligence of the other parties
What is the effect of release
"The release of one joint tortfeasor will not release any other tortfeasors, but the claim against the others is reduced to the extent of the amount stipulated in the agreement or the amount of consideration paid, whichever is greater"
What are parents in Ohio liable for under Respondeat superior
Parents are liable for the willful and malicious torts of their minor children up to 10k
When can a P generally recover punative damages in Ohio
"Only if D's acts or omissions demonstrate malice, egregious fraud, oppression, or insult or the D was a principal who ratified such actions of his agent"
What tort actions do not survive the death of the party
"libel, slander, malicious prosecution, and nuisance"