Torts Flashcards

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1
Q

battery

A

Harmful or offensive contact with the plaintiff’s person

plus intent and causation

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2
Q

assault

A

act by D creating a reasonable apprehension of immediate battery in P

(plus intent and causation)

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3
Q

false imprisonment

A

act or omission that confines P to a bounded area

plus intent and causation

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4
Q

intentional infliction of emotional distress

A

D’s extreme and outrageous conduct causes P sever emotional distress

(plus intent (can be recklessness), causation, AND ACTUAL DAMAGES)

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5
Q

extreme and outrageous conduct

A

required for intentional infliction of emotional distress

conduct that transcends the bounds of decency

Hallmarks

(a) continuous in nature, or
(b) committed by common carrier or innkeeper, or
(c) committed against the young, the elderly, pregnant people, or people whose super-sensitivities are known to D

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6
Q

trespass to land

A

physical invasion of another possessor’s property

plus intent to do the act, and causation

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7
Q

trespass to chattels

A

D’s conduct causes interference (damage or dispossession) with P’s right of possession such that D should pay the full price of the chattel

(plus intent to do the act, causation, AND ACTUAL DAMAGES)

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8
Q

conversion

A

D’s conduct causes interference (damage or dispossession) with P’s right of possession (greater harm)

(plus intent to do the act, causation, AND ACTUAL DAMAGES)

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