Torts 1L Mod 3-4 Rules statements and elements
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| show | Defendant intentionally places the plaintiff in fear of imminent battery.
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| Battery | show 🗑
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| show | Intent, Reasonable apprehension, 3. Of an imminent battery (harmful or offensive contact with the person's body)
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| show | defendant either desired the plaintiff be in apprehension of an imminent battery, or the defendant knew with substantially certainty that the plaintiff would be in apprehensive fear of an imminent battery.
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| show | Usually arises between battery and assault contexts. It clearly applies to battery, assault, false imprisonment. Transferred intent can also apply to trespass to land and trespass to chattel.
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| show | plaintiff must be aware of the imminent battery, apprehension must be reasonable unless the defendant has knowledge of the plaintiff's susceptibility.
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| Imminent Battery | show 🗑
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| False imprisonment | show 🗑
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| Elements of false imprisonment | show 🗑
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| Intent as it relates to false imprisonment | show 🗑
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| Confinement as it relates to false imprisonment | show 🗑
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| Against the plaintiff's will as it relates to false imprisonment | show 🗑
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| Harm or Damage as it relates to false imprisonment | show 🗑
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| show | The defendant is acting pursuant to a color of authority. The plaintiff reasonably believes that the defendant has the authority and submits because the defendant asserts some level of legal authority.
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| show | Exists when the defendant, by extreme and outrageous conduct, intentionally or recklessly causes the victim severe mental distress.
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| show | intent or recklessness, Extreme and outrageous conduct, Causation, Harm/Severe emotional distress
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| show | he plaintiff must prove that the defendant intended to cause severe emotional distress or acted with reckless disregard as to whether the victim would suffer severe distress.
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| Extreme and outrageous conduct as it relates to IIED | show 🗑
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| Three exceptions that can broaden the basis for liability for IIED | show 🗑
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| show | That the defendant intended or recklessly imposed the risk of severe mental distress.
That the victim actually suffered severe mental distress.
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| Third-Party Recovery of Relatives | show 🗑
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| show | Non-relatives who satisfy the elements of the tort can also recover under the Restatement if they are present and suffer physical manifestation of severe distress.
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| Intentional torts for Real property | show 🗑
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| Trespass to Land | show 🗑
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| Elements of Trespass to land | show 🗑
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| show | Intent to enter the land, plaintiff desires to enter the land even in good faith, Must be a voluntary act, If the person does not intend to enter the property and they were pushed or forced then it is not trespass to land.
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| show | they are expected to pay for all of the harm caused, damages can be nominal.
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| show | Must have some tangible nature. A person's right and property extend to a reasonable degree above the land and a reasonable degree below the land.
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| show | Whoever is in possession of the land.
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| show | Trespass to Chattel, Conversion
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| show | When the defendant intentionally intermeddles (messes with) with the plaintiff's chattel.
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| show | Trespass to chattel
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| Elements of Trespass to Chattel | show 🗑
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| Intent as it relates to trespass to chattel | show 🗑
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| Interference/intermeddle and Plaintiff's chattel | show 🗑
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| show | 1. Have to prove that the defendant's intermeddling harmed the chattel, or that the borrowed it for a long enough time they have to show that it proved to be harmful to the plaintiff.
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| Conversion | show 🗑
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| show | Intent, Dominion and control, Substantial interference
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| show | Intent to exercise dominion and control of property of another.
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| show | Taking another's property
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| show | By losing or harming the property while in their possession.
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