Torts 137
Terms
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- Battery
- 1. Intentional 2. Harmful or Offensive Touching Of Another 3. Without Consent
- False Imprisonment
- 1. Intentional 2. Physical or Psychological Confinement of Another 3. Within Fixed Boundaries 4. For Any Period of Time 5. Without Consent
- Intentional Infliction of Emotional Distress
- 1. Conduct of an Extreme and Outrageous Nature 2. Which is Calculated to cause 3. And which does cause 4. Severe Emotional Distress
- Assault
- 1. Intentional 2. Placing of Another in Reasonable Apprehension 3. Of an Imminent Harmful or Offensive Touching 4. Without Consent
- Trespass to Land
- 1. Intentional 2. Entry upon land 3. In Possession of Another 4. Without Consent
- Trespass to Chattel
- 1. Intentional 2. Interference with Chattel 3. In Possession of another 4. Without Consent
- Conversion
- 1. Intentional 2. Exercise of Wrongful Dominion and Control 3. Over the Chattel of Another 4. Without Consent
- Defenses to Intentional Torts
- Mnemonic - (Crazy Silly Double Dealing Dirty Dog Leave Right Now Never Return Ever) 1. Consent 2. Self Defense 3. Defense of Others 4. Defense of Property 5. Discipline 6. Detention for Investigation 7. Legal Authority 8. Reentry of Land Wrongfully Withheld 9. Necessity (Public) 10. Necessity (Private) 11. Recapture of Chattel Wrongfully Withheld 12. Entry to Abate a Nuisance
- Negligence (Generally)
- Defendant may be liable to to Plaintiff if it can be determined that defendant: 1. Owed a duty of care to the plaintiff 2. That defendant breached that duty 3. and that plaintiff suffered damages 4. which were Actually and Proximately Cause by defendant's breach
- Special Duties in Negligence
- Mnemonic - (V-GOLD) Violation of Statute Guest Statute Omission to Act Landowner-Occupier Duties owed by lessors of land
- Res Ipsa Loquitor
- Element of "Breach" in Negligence 1. Accident does not normally occur in the absence of Negligence 2. Source of Negligence must be Within Scope of duty owed by defendant to plaintiff 3. Plaintiff must not have Contributed to his own injury