More On IT Flashcards
More on Intent
Minors of 5+ can be held responsible for their torts to the same extent adults would. Kids younger than 5 lack requisite intent
Mistake does not negate
More on Assualt
Bare threats are NOT assault
Threatening future harm is NOT an assault
More on False Imprisonment
P must know about confinement or harm
Physical barriers, force, or immediate threats constitute FI
No FI if P knows a means of escape
No time limit
P can recover from mental suffering
More on IIED
D’s intent must be proven by P
D must know P is there for there to be intent
Conduct exceeding all those bounds which could be tolerated by a society and that is especially calculated to cause mental damage for a serious time
More on Trespass to Land
General or specific intent to complete an act of entry
No harm required
Protection includes above and below to a reasonable extent
Permission can be limited to time, area, and purpose
More on Trespass to Chattel
Chattel must be impaired or there must be diminution of chattel
Chattel is impaired as to its condition, quality, or value
Possessor is deprived of the use of chattel for a substantial time
Bodily harm is caused to possessor or to some person or thing in which possessor has a legally protected interest
More on Conversion
Only protests tangible property, literary property, scientific invention, and secret plans for conduct of commerce
Lack of knowledge, mistake, or ignorance is not an excuse
P doesn’t have to prove wrongful motive
Purchasing stolen property is conversion for seller and buyer
Requires substantial certainty
