TORTS Flashcards

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1
Q

Intent

A

A D acts intentionally if he desires to prodce a legally forbideen consequence.

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2
Q

Tranferred Intent Principle

A

If D desires to produce legally forbidden conseqence, still liable even if a different consequence results. Even if different person is affected.

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3
Q

A D who commits an intentional tort will not be able to use an ___________ defense.

A

incapacity

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4
Q

7 Intentional Torts

A
  1. Battery
  2. Assault
  3. False Imprisonment
  4. Intentional Infliction of Mental Distress
  5. Trespass to Land
  6. Trespass to Chattels
  7. Conversion
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5
Q

Battery

A
  1. D must commit harmful or offensive contact

2. Contact must be with Plaintiff’s person

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6
Q

The Harmful or offesnive contact element of battery means

A

harmful = know it if you see it. will be clear–> hurt or dead.

offensive= ask whether it would be un-permitted by a reasonable or normal person (objective)

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7
Q

The “contact must be with plaintiff’s person” requirement of battery includes

A

anything the P is holding, touching, or carrying. Anything you’re connected to is an extension of your person.

e.g. purse, woman on a horse.

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8
Q

Assault

A
  1. D places P in reasonable apprehension

2. Apprehension must be of an immediate battery.

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