Intentional Torts Flashcards

1
Q

Battery

A

Intent to do action that causes direct or indirect offensive touching or bodily harm

Need either
1. Specific intent: did on purpose OR
2. General Intent: know with substantial certainty that consequences will result

Includes things holding/touching as an extension of body

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2
Q

Assault

A

Immediate apprehension (expectation) of bodily harm or offensive touching (not just words)

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3
Q

False Imprisonment

A
  1. Intentional act by Def to
  2. Unlawfully restraint a persons freedom.

*Dont need damages

*Plaintiff must be aware of. BUT if not, can still recover if actual harm

*Can be by omission of duty exists.

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4
Q

IIED (INTENTIONAL)

A

Extremes and outrageous behavior
Defendant intended/reckless
Caused severe emo damage

*Can be direct victim or person present at the scene

*Emotional distress needs to be proved by plaintiff consulting a medical care at a minimum

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5
Q

Trespass

A

Physical invasion by person or object of land including air and soil of a reasonable distance (damages not required, def just has to enter prop)

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6
Q

Trespass to Chattels

A

Interference with personal property (eg. damage/steal)

Small harm

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7
Q

Conversion

A

Big interference with personal property entitling plaintiff to fair market value.

Fair market value determined at time of conversion.

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8
Q

Defenses to Intentional Torts List

A

Consent (voluntary)
Protection of self/others
Protection of property
Necessity

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9
Q

Is contributory negligence a defense to an intentional tort?

A

No

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10
Q

Is assumption of risk a defense to intentional torts?

A

Nope

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