Term
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Definition
- Harmful of offensive contact
- With the person of another
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Term
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Definition
- Apprehension
- Of an imminent battery
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Term
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Definition
1. Sufficient Act of Restraint
2. Within a Bounded Area
3. Plaintiff must know of confinement at the time, unless confinement actually injures plaintiff. |
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Term
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Definition
Shopkeeper must have:
1. Reasonable belief as to theft
2. Reasonable manner of detention
3. Dentention for a reasonable period of time |
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Term
| Intention Infliction of Emotional Distress |
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Definition
1. Extreme and Outrageous Conduct
2. Damages (at least substantial emotional damages) |
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Term
| Special Rule for IIED for common carriers and innkeepers |
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Definition
Screw Them!
Even insults are enough to constitute IIED. |
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Term
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Definition
1. Act of physical invasion by defendant
2. Of plaintiff's land |
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Term
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Definition
| Interference with another's enjoyment of their chattel (physical damage or dispossession) |
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Term
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Definition
| Interference with the another's enjoyment of their chattel severe enough to warrant requiring D to pay P the full value of the chattel |
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Term
| Defamation (no first amendment issues) |
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Definition
1. Defamatory statement about this plaintiff
2. Publication
3. Injury to P's reputation |
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Term
| Defamation (first amendment issue) |
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Definition
1. Defamatory statement about this plaintiff
2. Publication
3. Injury to P's reputation
4. Falsity
5. Fault |
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Term
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Definition
Categories:
1. Business or profesion
2. Crime involving moral turpitude
3. Loathsome disease
4. Imputing unchastity to women |
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Term
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Definition
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Term
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Definition
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Term
| Fault Required for Defamation (Public Concern Cases) |
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Definition
Public figure: "Malice" (intentional or reckless)
Private person: Negligence (but will need damages, unless "malice" shown) |
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Term
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Definition
| Appropriation of P's name or likeness for commercial advantage |
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Term
| Intrusion into Plaintiff's Privacy or Seclusion |
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Definition
| Intrusion that would be objectionable to a reasonable person into P's privacy or seclusion |
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Term
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Definition
| Widespread publication of facts placing P in a false light that would be objectionable to a reasonable person |
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Term
| Publication of Private Facts |
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Definition
| D publishes true but highly private information about P that would be objectionable to a reasonable person |
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Term
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Definition
1. Misstatement of fact (or specialized opinion)
2. Made with malice or reckless disregard for the truth of the statement (or with negligence, in a commercial setting only)
3. Made with the intent to induce reliance
4. The causes justifiable reliance
5. Damages |
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Term
| Interference with Business Relations |
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Definition
1. Existing or prospective relationship between P and third party
2. D knows of relationship
3. D intentionally interferes with relationship
4. Damages |
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