Term
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Definition
-Harmful or Offensive Contact
-With the plaintiff's body
-Acted with intent
+ Purposefully caused or substantially certain |
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Term
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Definition
-Reasonable apprehension
-Of imminent harmful or offensive physical contact
-With plaintiff's body |
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Term
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Definition
-Intentional restraint
-Within a bounded area
-Plaintiff must be conscious of or harmed by restraint |
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Term
| Intentional Infliction of Emotional Distress |
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Definition
-Defendant acts outrageously
-Plaintiff suffers severe distress |
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Term
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Definition
| -Intentionally invades or interferes with owners exclusive possession of land |
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Term
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Definition
-Intentionally caused
-Minor physical interference (harm or dispossession)
-With plaintiffs use and enjoyment of personal property |
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Term
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Definition
-Intentionally caused
-Major physical interference (harm or dispossession)
-With plaintiffs use and enjoyment of personal property |
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Term
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Definition
ABCD:
A duty
Breach
Causation
Damage |
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Term
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Definition
Look for:
-Foreseeability of risk
-Unreasonable conduct |
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Term
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Definition
-"But for" (cause in fact)
-Proximate Cause (legal cause) |
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Term
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Definition
-Accident doesn't normally occur w/out negligence
-Defendant had exclusive control
- Neither P or 3rd Party likely caused the accident |
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