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Torts Tx Wes

When is a person liable for Battery? D intends to cause offensive or harmful contact to a plaintiffs person or some logical extension to plaintiffs person and a harmful or offensive contact results
When is a person liable for Assault? When D intentionally causes apprehension of an imminent battery to the plaintiff and an apprehension results
When is a person liable for False Imprisonment? When D confines P within fixed boundaries with no reasonable means of escape and P is conscious of confinement.
When is a person liable for Trespass to Land? When D intentionally enters land of P without permission or remains on land after consent expired or goes beyond scope of consent.
When is person liable for IIED? When D satisfies all elements: Conduct is intentional or reckless Conduct is extreme or outrageous Conduct causes P's emotional distress Emotional Distress is severe
When is a person liable for Trespass to Chattels? Intentional interference with the right of or possession of property of another person. Liable for damages caused to chattel
When is a person liable for conversion? Serious interference or control of possession of another person. Liable for the fair market value of chattel at the time of conversion
Negligence 1. Duty 2. Breach 3. Causation 4. Damages B(burden of taking precaution)
Defenses/Privileges to Intentional Torts Self-Defense: must be reasonable under circumstances (cannot be deadly force unless threatened with serious bodily harm or death)3. Necessity: Public (complete) or Private (incomplete): privilege to take or use property of another
Created by: 551781507