pp 3 Flashcards
civil wrong for which the law provides remedy
tort
breach of duty that caused someone else damage
negligence tort
examples of intentional tort
battery, assault, false imprisonment
intention infliction emotional distress
tresspass
personal space tort
invasion of privacy, slander, libel, fraudulent inducement
battery
defendant mist intend to cause fear or apprehension OR
intend bodily contact AND
defendant must cause harmful or offensive bodily contact
defendant must intend to cause/cause fear/apprehension of imminent harmful or offensive bodily contact and victim experiences fear
assault
false imprisonment
defendant must inted to restrict liberty of the victim within boundaries not of victim choosing and liberties to be restricted from leaving. victim is aware of confinement
IIED
defendant conduct must intentional/reckless
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trespass to land
intend to enter or remain on property, cause someone/something to enter property, defendant enters or remains on land of another
defendant intend to interfere with present possessory interest in property of another, exercise control of said property, victim deprived of the property
trespass to chattel
what makes trespass to conversion
deprivation of propert is permanent
false statement about victim with either intent to lie or reckless disregard for truth and victim must be damage by it
defemation
defamation has different rulings for
public figures
reuquirement of mental state
Mens Rea
required action
actus reus
each tort or crime require it own
unique mens rea and actus rea concurrently
intend to commit one tort but commit another
transferred intent
two types of transferred intent
same tort, different victim
different tort, same victim
when a tort must be committed to avoid greater harm to the public
public necessity
when a tort must be committed in order to avoid a greater harm to the actor or other private entities
private necessity
example of private necessity tort
stealing a car to run from the axe murderer
example of public necessity
house fires
ultra hazardous activity claims
defendant carried ulra hazardous activity
such activity caused injury, damage, loss or harm
defendant recognized or should have recognized that plaintiffs person or property was likely to be harmed by the activity or unpreventable miscarriage of activity
ultra hazardous activity