Torts 1L Mod 1-2 Rules statements and elements
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| Tort | A civil wrong independent from contract. | ||||
| Specific Torts | Intentional Torts, Tort of Negligence, Liability Without Fault | ||||
| The five elements to every intentional tort | Act, Intent, Causation, Harm, Without privilege | ||||
| Battery | intentionally causing harmful or offense contact with a person or something closely connected with that person. | ||||
| Three elements of Battery | Intent, Harmful or offense contact, Contact with the person or something closely connected there to. | ||||
| Vicarious liability | When we hold someone liable based on the position the person holds, not based on the person's wrongdoing. | ||||
| Direct liability | Liability based on the defendants own conduct. | ||||
| Intent as it relates to Battery | Defendant desired contact, contact was substantially certain to occur. | ||||
| Harmful or Offensive Contact as it relates to Battery | Causing any amount of pain is enough to be a harmful contact, Causing or offending an indignity of a reasonable person. | ||||
| Contact with the person or something closely connected there to as it relates to battery. | contact between the plaintiff and the defendant must have happened, doesn't have to be direct contact. | ||||
| Name the 5 intentional torts | Assault, battery, false imprisonment, trespass to land, trespass to chattel, conversion, IIED |
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Created by:
Rochelle28nm
on 2011-12-13