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23 Cards in this Set
- Front
- Back
ASSAULT |
Immediate apprehension of harmful or offensive touching. Plaintiff must be aware of the action. Plaintiff does not need to be fearful. Words alone lack immediacy - must be conduct but words can negate the immediacy |
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BATTERY |
Harmful or offensive (unpermitted) contact with the plaintiff's person or something intimately connected with the plaintiff, caused by the defendant |
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IIED |
Extreme and outrageous conduct by the defendant, which causes severe emotional distress. Reckless conduct is sufficient. |
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OUTRAGEOUS CONDUCT |
Exceeds all bounds of decency tolerated by a civilized society. Also, repetitive conduct, if defendant is a common carrier/innkeeper or plaintiff is a member of a fragile class. If defendant had prior knowledge of the plaintiff's sensitivity and provokes it, conduct is outrageous |
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IIED - BYSTANDER |
Must be present, related to the victim and defendant must know the plaintiff is present |
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FALSE IMPRISONMENT |
Defendant confines plaintiff to a bounded area and plaintiff knew she is confined with no reasonable means of escape. Threats or an omission is sufficient for an act of restraint. Must be a pre-existing duty for omission (i.e. handicapped person being left on an airplane) |
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TRESPASS TO LAND |
Physical invasion on plaintiff's property that interferes with plaintiff's possession of land. Action belongs to the person in possession of land, not necessarily the owner. Right of possession include soil below and air above to a reasonable distance. Defendant can cause something to enter land to be liable. Also, defendant doesn't have to know he crossed the property boundary |
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TRESPASS TO CHATTELS |
Defendant interferes with plaintiff's right of possession of chattels. intentionally damaging or taking away the chattel. |
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CONVERSION |
Substantial interference by the defendant of the plaintiff's right to possession of personal property sufficiently serious to require the defendant to pay full value for the item. Measure of damages = FMV at time of conversion |
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DEFENSES TO INTENTIONAL TORTS - CONSENT |
Implied from conduct based on defendant's reasonable interpretation of plaintiff's objective conduct and surrounding circumstances. Express from plaintiff with capacity to give consent. Can't exceed scope of consent. Children can consent to age appropriate invasions of their interest |
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DEFENSES TO INTENTIONAL TORTS - SELF DEFENSE/DEFENSE OF OTHERS/DEFENSE OF PROPERTY |
Reasonable belief of danger and force does not exceed that necessary to protect. Deadly force can only be used to protect against deadly force. Defendant must show threat in progress or imminent and can't act after threat ends. Must have reasonable belief threat is real. Can NEVER use deadly force to protect solely property |
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DEFENSES TO INTENTIONAL TORTS - PUBLIC NECESSITY |
Defense only to property torts! Emergency and defendant acts to protect the community or significant group of people Absolute defense - no liability |
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DEFENSES TO INTENTIONAL TORTS - PRIVATE NECESSITY |
Emergency to protect your own interest. Limited defense. Defendant is liable for compensatory damages (no nominal or punitives). Plaintiff can't throw defendant out as long as the emergency persists. Must allow him to remain with safety |
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MISREPRESENTATION |
Requires: 1. Misrepresentation of material facts 2. Scienter (intent to deceive) 3. Intent to induce reliance on the misrepresentation 4. Justifiable reliance 5. Actual and proximate cause 6. Damages No defenses to intentional misrepresentation |
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NO DUTY TO DISCLOSE MATERIAL FACT UNLESS... |
1. Defendant stands in fiduciary relationship to plaintiff 2. Defendant is selling real property and knows plaintiff is unaware of and can't reasonably discover material information 3. Has spoken and utterance deceives plaintiff Defendant liable for 3rd party representation if he could reasonable foresee 3rd party would rely |
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PHYSICAL CONCEALMENT |
May be misrepresentation. Reliance only justified if defendant offering statement as superior knowledge of the subject. |
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NEGLIGENT MISREPRESENTATION |
1. Misrepresentation by defendant in business or professional capacity 2. Breach of duty toward the particular plaintiff 3. Causation 4. Justifiable reliance 5. Damages Normally confined to commercial setting. Liability attaches only if reliance by plaintiff could be contemplated |
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PRIVATE NUISANCE |
Substantial unreasonable interference with plaintiff's use or enjoyment of his property. Must be inconvenient, annoying, or offensive to the average person |
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PUBLIC NUISANCE |
Requires an act that unreasonably interferes with the health, safety or property rights of the community. Compliance with zoning is persuasive evidence the conduct is not a nuisance. Private plaintiff can bring action only if he has special damages. Must balance hardships between parties |
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VICARIOUS LIABILITY |
Employer is liable for the torts of his employee during the scope of their employment. Liable for torts occurring on "frolic" (minor detour) but not liable for torts on major detour |
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EMPLOYER IS NOT LIABLE FOR THE TORTS OF AN EMPLOYEE UNLESS |
1. Force is authorized by employer 2. Friction is generated by the employment or 3. Committed to further employer's business |
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INDEPENDENT CONTRACTOR TORT LIABILITY |
Employer not liable unless: 1. Contractor is engaged in inherently dangerous activity or 2. Duty is not delegable |
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NEGLIGENT HIRING |
Any employer can be held liable for negligent hiring of an employee who: 1. Knew about/should have known of the employee's background 2. Which indicates dangerous/untrustworthy character |