Part 1
Quiz yourself by thinking what should be in
each of the black spaces below before clicking
on it to display the answer.
Help!
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Intentional Torts | -Deliberate wrongs done to others to cause harm
-Sport related intentional torts can occur on or off the playing field
-The act is the proximate cause of an injury.
-Intent to injure
-Must be an injury
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Examples of Intentional Torts | Assault, battery, defamation, invasion of privacy, breach of fiduciary duty, tortious interference with contract.
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Criminal Assault & Battery | Crime
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Civil Assault & Battery | Intentional Tort
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Assault (civil) | The intentional creation of a reasonable apprehension of an imminent and offensive contact without the persons consent.
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3 Elements of Civil Assault | 1.) Defendant intended to cause harm
2.) Plaintiff felt reasonable apprehension of immediate harm
3.) Lack of consent by plaintiff
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Defense for Civil Assault | Failure to prove any of the 3 elements. (must prove all 3)
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Battery (civil) | The intentional, unpermitted, unprivileged, and offensive touching of the person of one individual by another.
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3 Elements of Civil Battery | 1.) The defendant intended to touch the plaintiff
2.) Actual touching occurred
3.) Lack of consent by plaintiff
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Defense for Civil Battery | Failure to prove any of the 3 elements. (must prove all 3)
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Privilege | Allows a person to act in ways normally considered assault and battery. Examples: self-defense, defense of a 3rd party.
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Self-Defense | -Did the person who was attacked retreat from the situation when there was opportunity?
-Was there immediate or imminent danger?
-Was the force used proportional to harm threatened?
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Third Party Assaults | Standard of care - Foreseeable.
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Or sort by any of the columns using the down arrow next to any column heading.
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Created by:
kil4261
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