Term
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Definition
Elements: 1. Intent; 2. Harmful or Offensive contact; 3. W/ P's body.
*P need not be immediately aware of touching (unconscious) |
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Term
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Definition
Elements: 1. Intent; 2. Apprehension of imminent contact
*generally words not enough
*conditional threats not enough unless compelling action
*need apprehension |
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Term
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Definition
Elements: 1. Right or possession; 2. Intent; 3. Direct invasion
* Historically intent was strict, loosening in modern day
*no harm required |
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Term
| TRESPASS TO CHATTEL (DBA) |
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Definition
| Elements: 1. Intent (narrow); 2. Right or possession; 3. Interference with use or enjoyment; 4. Damages |
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Term
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Definition
Elements: 1. intent; 2. Right or possession; 3. Substantial Interference with use or enjoyment; 4. damages
*accession- added value after conversion (can't recover) |
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Definition
Elements: 1. Intent; 2. Wrongful confinement; 3. P aware
*not available if reasonable ave. of escape |
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Term
| INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS |
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Definition
| 1. Intentional or reckless conduct; 2. outrageous and extreme conduct; 3. severe emotional distress; reasonably resulting |
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Term
| Negligent Infliction of Emotional Distress |
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Definition
1. D negligence; 2. harm foreseeable; 3. cause in fact
Recovery aspects:
1. proximity
2. direct emotional impact
3. closeness of relationship |
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Term
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Definition
| 1. Duty; 2. Breach; 3. Causation; 4. Damages |
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Term
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Definition
1. Non- trespassory interference with use and enjoyment of land
Nuisance per se/ nuisance accidens |
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Term
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Definition
1. Act or omission obstructs or causes inconvenience to the public in the exercise of right common to all
* may become private if special harm: dif. kind/ greater in kind/ total loss of access to land/ personal injury/ physical harm to chattels |
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Term
| Ultra-hazardous activities |
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Definition
| Strict Liability (direct & indirect) |
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Term
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Definition
| Strict liability (subject to comparative neg) |
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Term
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Definition
| 1. fungible product; 2. design defect; 3. inability to identify manufacturer; 4. joinder of substantial market share |
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Term
| Products liability design defect |
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Definition
| Negligence: risk utility test |
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Term
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Definition
Informed consent: give info a reasonable person would want to know in making decisions (exception- if especially detrimental)
Med mal= national standard of custom; 2. expert testimonyt |
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Term
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Definition
1. If D creates peril, then liable to rescuer as well (peril invites rescue)
2. Rescuer has duty of reasonable care to victim
Gives rise to affirmative duty to rescue if you create peril or officious intermeddler |
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Term
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Definition
1. what is the cost of what
2. party who most values entitlement will end up with it (assuming perfect info, no transaction costs, equal bargaining power) |
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Definition
| Where no party worse off and at least one party better off |
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Term
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Definition
| Net gain to society (one party gains outweigh cumulative losses) |
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Term
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Definition
| 1. Unconscious/ incapable D without agent; 2. time of the essence; 3. reasonable person would give consent |
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Term
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Definition
| 1. knowledge of risk; 2. understanding of risk; 3. explicit or implicit voluntary consent to particular risk |
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Term
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Definition
Private- 1. serious and imminent threat; 2. reasonable response (still liable for compensatory damages)
Public- 1. reasonably belief such use or damage to be necessary to avoid an imminent public disaster (complete defense) |
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Term
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Definition
1. Cause in fact- but for, substantial factor (when but for breaks down);
2. Proximate- forseeability; direct consequences; harm with the risk; substantial factor |
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Term
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Definition
| 1. Must have right or possession; required notice to depart; 3. only reasonable force |
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Term
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Definition
| 1. possession or right; 2. wrongful taking; 3. reasonable force; 4. force must be immediate or hot pursuit |
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| Autonomy v. social welfare |
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Term
| Judicial efficiency and transaction costs |
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Term
| Promote socially beneficial conduct |
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Definition
| 1. D is employee; 2. Harm within scope of employment not frolic and detour; 3. In furtherance of employment |
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