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38 Cards in this Set
- Front
- Back
Elements of intentional torts 5 |
1. Voluntary act 2. Intent 3. Causation 4. Harm 5. Lack of privilege or defense |
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Battery definition |
a battery is an intentional act that causes a harmful or offensive (inflict pain/impairment or objective test) contact with the plaintiff or with something closely connected there to. |
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Assault definition |
an assault is an intentional act that causes the plaintiff to experience a reasonable apprehension of an immediate harmful or offensive contact. Objective test. Impossibility irrelevant. |
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False imprisonment |
an intentional act that causes a plaintiff to be confined or restrained to a bounded area against the plaintiff's will, and the plaintiff knows of the confinement or is injured there by. Intent= purpose/ virtually certain. Brief confinement liability but proportional damages. Escape exit= no confinement. |
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Intentional infliction of emotional distress |
an intentional or reckless act amounting to extreme and outrageous conduct that causes the plaintiff severe mental distress. Intent= purpose / reckless risk creation (disregarded high risk). |
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IIED: Extreme and Outrageous Conduct defined |
unacceptable behavior in civilized society. Words not offensive except: common carrier, innkeeper, boss, plaintiff with known sensitivity (elderly, children, pregnant women). |
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IIED: severe distress define (4 parts) |
Severe= More than reasonable person would expect; ED= substantial; Outrageous conduct sliding scale for proof; Physical proof not necessary in majority. |
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IIED: Third party bystander |
Transfered intent applicable ONLY when: close family intended and D knew P was there; OR physical harm and D knew P was there. |
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Trespass to land definition |
Intentional act that causes a physical invasion of the plaintiff land. |
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Trespass to land details (4) |
General intent. Mistake IS NOT a defense. P must have actual or right to immediate possession. Owner without right to possession cannot bring action. |
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Trespass to land physical invasion element (4) |
Physical invasion= D enters; causes entry of object or 3rd person; enters legally but stays even w/ legal duty to leave; or fails to remove object when legally supposed to. |
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Trespass to land exam tip |
Anytime there is a trespass to land claim considered nuisance and strict liability when something enters and causes harm to land. |
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Trespass to land: Damages |
Typically nominal with no damage D liable for harm caused Punitive when: willful or malicious act |
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Trespass to land: ejectment definition & elements (3) |
An action at law to recover possession of real property 1. Proof of Legal title 2. Proof of right to possession 3. D's wrongful possession |
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Trespass to land: damages (2) |
1. Recover property 2. Mesne damages: greater of reasonable rental OR D's benefit gained |
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Trespass to chattels: definition (3) |
1. Intentional act by the defendant that 2. interferes with the plaintiff chattel (P has right to possession), 3. causing harm. |
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Trespass to chattels: intent (3) |
Must have physical act General intent Mistake IS NOT a defense |
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Trespass to chattel: chattel must be |
Tangible personal/ intangible property w/ physical representation. |
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Trespass to chattels: actual damages |
1. Proof of damages is an element in the cause of action 2. Includes loss-of-use value( rental) |
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Conversion definition |
Intentional act by a defendant that causes the destruction of or a serious and substantial interference with the plaintiff's chatel |
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Conversion: intent (2) |
General intent. Mistake IS NOT a defense. |
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Conversion: destruction for serious and substantial interference aka |
Exercise by D of dominion and control over chattell. |
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Trespass to chattels vs. Conversion distinguish |
The longer the time of interference and greater use by defendant changes from tresspass to conversion |
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Six types of conversion Acts |
1. Wrongful acquisition ( theft, embezzlement, receiving stolen property).
2. Wrongful transfer (selling, Miss delivering, or pledging)
3. Wrongful detention (withholding from owner)
4. Loss, destruction, or severe damage
5. Material alteration
6. Significant misuse |
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Compare Trespass to chattell and conversion |
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Replevin defined |
An action at law for the recovery of specific channels that have been wrongfully taken or detained. Aka "claim and delivery" |
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Replevin |
1. Recover possession at beginning of action 2. P posts bond in case court finds for D. D can post bond if he wishes to retain until action has concluded. 3. No seizure of chattel until hearing to determine P's rights. 4. Deprivation damages recoverable 5. Not available for intangible property |
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Defenses and privileges to intentional torts: POPCANS |
P: privilege O: defense of Others P: Defense of property C: consent A: authority N: necessity S: self-defense |
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Intentional torts: privilege |
1. Consent 2.protection of personal or public interest |
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Intentional torts: consent |
1. Must not exceed consent 2. Express 3. implied (objective test) 4. Matter of law: P unable to consent and: emergency to prevent death or injury; objective test would consent; no valid reason P would not consent. |
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Intentional tort: consent invalid when (5) |
1. Mistake 2. Fraud 3. Duress 4. Incapacity 5. Violation of criminal statute |
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Intentional torts: self defense |
Reasonably necessary Force to prevent the plaintiff from engaging in an imminent and unprivileged attack. Equal force. D subjectively believes based upon an objective basis. |
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Intentional torts: defense of others |
Same as self-defense ( reasonable Force to prevent the plaintiff from engaging in an imminent and unprivileged attack). Reasonable mistake doctrine. D can make a reasonable mistake and avert liability |
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Defense of property |
A defendant is permitted to use reasonable Force to prevent a plaintiff from committing a tort against the defendants property. Never deadly force. Must demand return first. |
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Necessity |
a defendant is permitted to injure a plaintiff property if this is reasonably necessary (objective test) to avoid a substantially greater harm to the public, to himself, or to his property. Mistake ok= objective test. Private necessity= threatened harm > potential harm of actions Public necessity= threatened harm must be severe (disaster) & no liability |
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Authority: arrest |
for the defendant is a police officer acting pursuant to a duly issued warrant, valid on its face, he is not liable in tort for the fact of arrest. Not liable where police or citizen acting to prevent felony or where P committed felony. |
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Shopkeepers privilege (5) |
Reasonable: 1. suspicion, 2. Force, 3. Time, 4. Manner, 5.at premise or close |
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Negligence elements |
1. Duty 2. Breach 3. Causation 4. Damages |