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Tort Def_D
Tort Def
| Question | Answer |
|---|---|
| ASSAULT | THE INTENTIONAL PLACING OF ANOTHER IN REASONABLE APPREHENSION OF AN IMMINENT HARMFUL OF OFFENSIVE TOUCHING WITHOUT CONSENT OR PRIVILEGE |
| 5 ELEMENTS OF ASSAULT | 1) INTENTIONAL 2) REASONABLE APPREHENSION 3)IMMINENT/HARMFUL OFFENSIVE TOUCHING 4) WITHOUT CONSENT OR PRIVILEGE |
| BATTERY | THE INTENTIONAL HARMFUL OR OFFENSIVE TOUCHING OF ANOTHER WITHOUT CONSENT OR PRIVILEGE |
| 3 ELEMENTS OF BATTERY | 1) INTENTIONAL 2) HARMFUL OR OFFENSIVE TOUCHING OF ANOTHER 3) WITHOUT CONSENT OR PRIVILEGE |
| CONVERSION | THE INTENTIONAL EXERCISE OF DOMINION AND CONTROL OVER PERSONAL PROPERTY OF ANOTHER WITHOUT CONSENT OR PRIVILEGE |
| 4 ELEMENTS OF CONVERSION | 1) INTENTIONAL 2) DOMINION AND CONTROL 3) PROPERTY OF ANOTHER 4) WITHOUT CONSENT OF ANOTHER |
| FALSE IMPRISONMENT | THE INTENTIONAL PHYSICAL OR PSYCHOLOGICAL CONFINEMENT OF ANOTHER WITHIN FIXED BOUNDARIES, FOR ANY PERIOD OF TIME, WITHOUT CONSENT OR PRIVILEGE |
| 5 ELEMENTS FALSE IMPRISONMENT | 1)INTENTIONAL 2) PHYSICAL OR PSYCHOLOGICAL CONFINEMENT OF ANOTHER 3) WITHING FIXED BOUNDARIES 4)FOR ANY PERIOD OF TIME 5) WITHOUT CONSENT OR PRIVILEGE |
| INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS | INTENTIONAL OUTRAGEOUS CONDUCT WHICH IS CALCULATED TO CAUSE AND WHICH DOES CAUSE SEVER EMOTIONAL DISTRESS |
| 3 ELEMENTS OF INT. INF. EMOTIONAL DISTRESS | 1) OUTRAGEOUS CONDUCT 2) CALCULATED TO CAUSE 3) SEVERE EMOTIONAL DISTRESS |
| TRESSPASS TO LAND | THE INTENTIONAL INTERFERENCE WITH LAND IN POSSESION OF ANOTHER WITHOUT CONSENT OF PRIVILEGE |
| 4 ELEMENTS TRESSPASS TO LAND | 1) INTENTIONAL INTERFERENCE 2)LAND OF ANOTHER 3) WITHOUT CONSENT OR PRIVILEGE |
| TRESSPASS TO CHATTEL | THE INTENTIONAL INTERFERENCE WITH PERSONAL PROPERTY 0F ANOTHER WITHOUT CONSENT OR PRIVILEGE |
| 4 ELEMENTS OF TRESSPASS TO CHATTEL | 1) INTENTIONAL INTERFERENCE 2)PROPERTY OF ANOTHER 3) WITHOUT CONSENT OF ANOTHER |
| ACRONYM OF DEFENSES | CRAZY SILLY DOUBLE DEALING DIRTY DOG LEAVE RIGHT NOW NEVER RETURN EVER |
| DEFENSES | CONSENT, SELF-DEFENSE, DEFENSE OF OTHERS, DEFENSE OF PROPERTY, DISCIPLINE, DETENTION FOR INVESTIGATION, LEGAL AUTHORITY, REENTRY OF LAND WRONGFULLY WITHHELD, NECESSITY-PUBLIC, NECESSITY-PRIVATE, RECAPTURE OF CHATTEL, ENTRY ABATE NUISANCE |
| ACRONYM OF INTENTIONAL TORT | ABCFITT |
| CONSENT | ACTUAL, APPARENT AND IMPLIED BY LAW |
| SELF-DEFENSE | REASONABLE BELIEF OF IMMINENT DANGER AND REASONABLE FORCE USED TO REPEL ATTACK |
| DEFENSE OF OTHERS | A REASONABLE FORCE TO PROTECT ANY THIRD PERSON FROM HARM |
| DEFENSE OF PROPERTY | NON DEADLY FORCE ALLOWED WHERE THE INTRUSION BY THE OTHER PARTY IS NOT PRIVILEGED |
| DISCIPLINE | A REASONABLE FORCE BY ONE IN LOCO PARENTIS WITH THE PLAINTIFF |
| DETENTION FOR INVESTIGATION | ONE MAY DETAIN ANOTHER FOR INVESTIGATION AS LONG AS REASONABLE GROUNDS EXIST COUPLED WITH REASONABLE FORCE AND A REASONABLE AMT OF TIME IS INVOLVED (SHOPKEEPERS PRIVILEGE) |
| NECESSITY PRIVATE | ONE HAS THE PRIVILEGE TO ENTER ANOTHER'S LAND WHERE A NECESSITY EXISTS AS LONG AS ENTRY IS REASONABLE. DEFENDANT STILL REMAINS LIABLE FOR DAMAGES. |
| RECAPTURE OF CHATTEL | ONE HAS A PRIVILEGE TO ENTER THE LAND OF ANOTHER FOR THE PURPOSE OF TAKING POSSESION AS LONG AS A DEMAND IS MADE AND THE ENTRY IS REASONABLE |
| NECESSITY PUBLIC | COMPLETE PRIVELEGE TO ENTER LAND OR INTERFERENCE WITH A CHATTEL IF IT REASONABLY APPEARS NECESSARY TO AVERT PUBLIC DISASTER |
| RECAPTURE OF CHATTERL WRONGFULLY WITHHELD | A REASONABLE FORCE PERMITTED TO RECAPTURE AS LONG AS ACTOR IS ENTITLED TO CHATTEL, DEMAND MADE (UNLESS FUTLE), FRESH PURSUIT |
| ENTRY TO ABATE A NUISSANCE | DEFENDANT IS COMPLETELY PRIVILEGED TO INVADE THE LAND OR CHATTEL OF ANOTHER FOR THE PURPOSE OF ABATING A PRIVATE NUISSANCE CREATED OR MAINTAINED ON THE LAND OR CHATTELS OF THE OTHER, SUBJECT TO THE FOLLOWING: |
| Duty to licensee | is a visitor who goes upn the premises of another with the consent of the landowner in pursuit of the visitor's purpose. Landowner still owes no duty to prepare the premises unless he has lnowledge of a hidden or concealed danger on premises |
| Duty to invitee | is one who enters upon the premises at express or implied invitation of the landowner for some public purpose. Landowner owes a duty to exercise reasonable care in maintaininig premises in safe condition or warn of hidden or concealed dangers |
| Duty to tresspassers | is a person who enters or remains upon the land of another without any permission or an invitation to do so. No duty with respect to tresspasser. Only duty imposes upon owner os to refrain frominlicting willfull or wanton injury upon them |
| Duty to Business Invitee | one who is expressly or impliedly invited permited to enter on the premise of another for a purpose directly or indirectly connected with the business of or business dealings between them |
| RESPONDEAT SUPERIOR | an employer is liable for the acts of its employees while in the course and scope of their employment. |
| Elements of Respondeat Superior | 1) Employee/Employer 2) Course/Scope of Employment |
| NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS | A DUTY OWED TO EXERCISE DUE CARE NOT TO SUBJECT OTHERS TO A FORESEEABLE RISK OF PHYSICAL INJURY THAT MIGHT FORESEEABLY CAUSE EMOTIONAL DISTRESS |
| ELEMENTS OF NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS | 1) DUTY OWED 2) FORSEEABLE RISK/INJURY 3) FORSEABLE RESULT |
| COMPESATORY DAMAGES | ARE THOSE THAT NATURALLY FLOW FROM THE WRONG AND SUCH AS WILL MAKE GOOD OR REPLACE THE LOSS CAUSED BY THE WRONG OR INJURY SUSTAINED |
| PUNITIVE DAMAGES | AWARDED TO THE PLAINTIFF WHERE THE WRONG COMPLAINED OF WAS AGGRAVATED BY WILLFUL, WANTON ACTS OF THE DEFENDANT. |
Created by:
dani_girl280