Term
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Definition
| D owes a DUTY to P, that DUTY is BREACHED by D and that breach is the ACTUAL and PROXIMATE cause of DAMAGES |
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Term
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Definition
| will be found when there is a VIOLATION of a STATUTE that is intended to PROTECT this type of PLAINTIFF from the type of INJURY sustained. |
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Term
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Definition
| an INTENTIONAL act that causes apprehension of IMMINENT HARMFUL or OFFENSIVE TOUCHING of another |
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Term
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Definition
| INTENTIONAL HARMFUL or OFFENSIVE TOUCHING of ANOTHER without CONSENT or PRIVILEGE |
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Term
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Definition
| INTENTIONAL CONFINEMENT of ANOTHER for ANY period of TIME without CONSENT or PRIVILEGE |
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Term
| INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (IIED) |
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Definition
| found when the CONDUCT of ANOTHER is of an EXTREME and OUTRAGEOUS NATURE which is calculated to CAUSE, and which does cause SEVERE EMOTIONAL DISTRESS |
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Term
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Definition
| INTENTIONAL ENTRY upon the LAND in possession of ANOTHER without CONSENT or PRIVILEGE |
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Term
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Definition
| INTENTIONAL INTERFERENCE with CHATTEL in POSSESSION of ANOTHER without CONSENT or PRIVILEGE |
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Term
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Definition
| INTENTIONAL exercise of WRONGFUL DOMINION and CONTROL over the CHATTEL of ANOTHER without CONSENT or PRIVILEGE |
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Term
| DEFENSES FOR INTENTIONAL TORTS |
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Definition
| CONSENT, SELF DEFENSE, DEFENSE OF OTHERS, DEFENSE OF PROPERTY, DISCIPLINE, DETENTION FOR INVESTIGATION,. LEGAL AUTHORITY, REENTRY OF LAND WRONGFULLY WITHHELD, PUBLIC NECESSITY, PRIVATE NECESSITY, RECAPTURE OF CHATTEL WRONGFULLY WITHHELD, ENTRY TO ABATE A NUISANCE ARE EXAMPLES OF WHAT? |
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Term
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Definition
| UNLAWFUL KILLING of ANOTHER with MALICE AFORETHOUGHT. |
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Term
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Definition
| Conduct of plaintiff that falls below the standard to which he should conform for his own protection, and which contributes with defendant's negligence to cause plaintiff's harm. |
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Term
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Definition
| Conscious DESIRE that RESULT WILL occur or knowledge that result will or is SUBSTANTIALLY CERTAIN to occur |
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Term
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Definition
| DEFENSE to Intentional tort - Permission granted must be actual, apparent, and implied by law. |
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Term
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Definition
| Reasonable force used to repel an act. Defense to Intentional Tort. |
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Term
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Definition
| Defendants wrongful intent is transferred from the INTENDED VICTIM to the ACTUAL VICTIM or from the INTENDED TORT to the COMMITTED TORT |
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Term
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Definition
| Defendant must use reasonable care when performing any acts to prevent harm to another. |
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Term
| RES IPSA LOQUITOR - What must be proven and by which party? |
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Definition
Plaintiff must prove:
1) the defendant was in complete control of the instrument that caused the harm.
2) the plaintiff is not guilty of contributory negligence
3) the defendant is in a better position to explain what happened ; and
4) injury of this type do not normally occur absent such negligence |
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