tort Definitions

Question 1

How can you show Consent

Answer 1

Implied/apparant- conduct, custom, and or surrounding circumstances

Express/actual- p show a willingness to submit to D’s conduct

Question 2

Apprehension

Answer 2

The fear of the action occurring

Question 3

Confinement/ restraint

Answer 3

Either physical barriers, physical force, director indirect threats of physical force, or plaintiff becomes under defendants control and its impossible to leave without defendants assistance nd both parties understood that assistance is forthcoming coming (permission to fix car)

Question 4

Actual or factual cause

Answer 4

But for D’s act, P’s injury would not have occurred.

Question 5

Proximate cause

Answer 5

Intervening cause= result is foreseeable from the action by D

Superseding cause= result was not foreseeable from D action
(Ie. intentional torts or acts or god/nature)