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Torts
Elements of Intentional Torts & Negligence
9
Law
Graduate
11/10/2011

Additional Law Flashcards

 


 

Cards

Term

 

 Intentional Torts

Definition
  • False Imprisonment
  • Assault 
  • Trespass to Land
  • Battery 
  • IIED
  • Trespass to Chattels
  • Conversion
Term

 

 Battery

Definition
  • Non-Consenual 
  • Touching
  • Intent (substantial certainty)
Term


Assault

Definition
  • Non-consenual 
  • Threat or use of force 
  • Intent 
  • Imminent apprehension of harm 
  • No physical injuries must be present
Term


Trespass to Land

Definition
  • Non-consenual
  • Intent: intent to do harm or substantial certainty of immediate consequence
  • Owenership: who had the exclusive right to possession of the property?
  • Entry (includes projecting an object onto someone else's property
  • No requirement for damages

Dougherty v. Stepp

 

Term


Trespass to Chattels

Definition
  • Any intentional interference with a person's use or posession of a chattel. 
  • Non-consenual
  • Intent
  • Ownership
  • Interference
  • Object must be taken out of the immediate possession
  • The act must cause some damages (damage great enough, may rise to conversion)
Term


Conversion Definition

Definition

The wrongful possession or disposition of another's property as if it were one's own; an act or series of acts of willful interference, without lawful jusitification, with an item of property in a manner inconsistent with another's right, whereby that other person is deprived of the use and possession of the property.

Term


Conversion Elements

Definition
  • Better right to ownership
  • Act of changing the chattel from one form to another
  • You only need intent to take possession of the property
  • Owner must be deprived of the use and possession of the property
Term


False Imprisonment

Definition
  • Restraint of a person in a bounded area without justification or consent.
  • Intent
  • Non-consenual
  • Actual duress
  • Knowledge/Awareness of imprisonment
  • Must have a casual link
Term


Intentional Infliction of

Emotional Distress

Definition
  • Intentionally or recklessly causing another person severe emotional distress through ones's extreme or outrageous conduct. 
  • Extreme or Outrageous conduct
  • Misrepresentation of a material fact (P must rely on material fact)
  • Conduct that is directed at another
  • Intent to give a false impression
  • Resulting in severe emotional distress or bodily injury
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