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Related Flashcards
Related Topics
Cards In This Set
| Front | Back |
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Negligence Elements
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Duty, Breach, Cause in fact, proximate cause, damages
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Assault Elements
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Apprehension of an imminent battery
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Defense to Battery
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Consent (cannot exceed scope of consent)
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Joint/Several Liability
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Requires concerted action of ALL
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False Imprisonment
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Intent to confine within fixed boundaries
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Intentional Infliction of Emotional Distress Elements
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Intent, extreme and outrageous conduct (objective), causation, and resulting severe emotional distress -
DOES NOT REQUIRE PECUNIARY DAMAGES |
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Negligent Infliction of Emotional Distress Distinguished from IIED
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Requires PHYSICAL harm
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Trespass Liability
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No permission to enter = liable for damage caused
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Trespass Defense
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Privilege of Necessity (harm causing the trespass would be greater than harm caused by trespass)
STILL LIABLE FOR DAMAGES |
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Conversion
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Intentional interference w/ plaintiff's right of possession SO SERIOUS to warrant payment of full value of chattel
ONLY MUST INTEND TO DO THE ACT (mistake irrelevant) VALUE IRRELEVANT |
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Trespass to Chattel
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Minor intentional interference w/ plaintiff's right of possession of chattel (intermeddling or dispossession)
ONLY MUST INTEND TO DO THE ACT (mistake irrelevant) VALUE IRRELEVANT |
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Duty of Care
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Owed to foreseeable plaintiffs (foreseeable zone of danger)
Duty of a reasonable person UNLESS defendant is SPECIAL (then compare to others w/ characteristics) |
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Breach of Duty
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Question of Fact for Jury (they determine whether you acted reasonably)
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Duty to Rescue/Aid
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Generally, NO DUTY EXISTS
Exception: Causing the peril; close family; contract; statute; OR begin the rescue |
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Vicarious Liability
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Generally, the principal is liable for the acts of the agent within the scope of employment
Exception: Intentional torts (unless carrying out business) |
