Torts Tx Wes
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| 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
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| When is a person liable for Assault? | When D intentionally causes apprehension of an imminent battery to the plaintiff and an apprehension results
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| 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.
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| 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.
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| 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
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| 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
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| 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
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| Negligence | 1. Duty 2. Breach 3. Causation 4. Damages
B(burden of taking precaution)
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| 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
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