Intentional Torts Flashcards

1
Q

Battery - 4 Elements:

A
  1. DEF acts
  2. intending to cause, Harmful/Offensive contact With another person
  3. and harmful/offensive contact results
  4. And PLNTF did not consent
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2
Q

Assault 4
Elements:

A
  1. DEF acts
  2. intending to cause battery
  3. Or apprehension of battery
  4. Reasonable Apprehension of imminent battery results
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3
Q

False Imprisonment 5 Elements:

A
  1. Conduct by the actor which is intended to, and in fact does,
  2. confine another
  3. within boundaries fixed by the actor
  4. the victim is either harmed or conscious of the confinement.
  5. Without lawful privilege
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4
Q

4 Elements of IIED:

A
  1. Extreme and outrageous conduct;
  2. Intent to cause, or disregard of a substantial probability of causing, severe emotional distress;
  3. A causal connection between the conduct and injury; and
  4. severe emotional distress.
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5
Q

Conversion: 3 Elements and Six Factors of Substantial Dominion

A
  1. PLNTF’s ownership
  2. DEF must intend to exercise substantial dominion over another’s chattel
  3. Damages

Factors: (a) Unauthorized control (b) Extent and duration of control (c) DEF’s intent to assert a right to the property (d) DEF’s good faith (e) Harm done (f) Expense or inconvenience caused

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6
Q

Trespass to Chattels 3 Elements:

A
  1. DEF intentionally and without justification or consent;
  2. Physically interfered with the use or enjoyment of PLNTF’s personal property;
  3. PLNTF was thereby harmed
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7
Q

Trespass to Land 3 Elements

A
  1. PLNTF must prove ownership or possessive interest in the land;
  2. Intentional and tangible invasion, intrusion, or entry by DEF;
  3. That harms PLNTF’s interest in exclusive possession
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8
Q
A
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