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Torts I
midterm cards
9
Law
Post-Graduate
09/29/2009

Additional Law Flashcards

 


 

Cards

Term
Elements of Battery
Definition
  1. Act by D
  2. Intent to bring about harmful or offensive   contact, AND
  3. Causation, the harmful or offensive contact actually happened
Term
Elements of Assault
Definition
  1. Act by D
  2. Offer of harmful or offensive touching or gesture
  3. Reasonable apprehension of battery
  4. Apparent ability of D to batter
  5. Imminent threat of battery
Term
Elements of False Imprisonment
Definition
  1. Intentional Direct or Indirect Restraint against will of P
  2. Defined Boundaries
  3. No adequate legal justification
  4. P must be aware of confinement or harmed by it
  5. No reasonable means of escape
Term
Elements of IIED
Definition
  1. Intentional or reckless conductwhich is;
  2. Extreme or outrageouesand;
  3. Intent of the D to cause severe emotional distress and;
  4. The desired emotional stress actually occured
Term
Elements of Trespass to Land
Definition
  1. Intentionally enters land, or causes something or someone to do so OR;
  2. Remains on land OR;
  3. Fails to remove something from land that is supposed to removed
Term
Elements of Trespass to Chattel
Definition
  1. Intentionally dispossesing another of chattel OR;
  2. Chattel is impaired as to its condition, quality, or value OR;
  3. Bodily harm is caused to the possesor or some other person or thing of which the possesor has interest
Term
Elements of Conversion
Definition
  1. Intentional exercise of dominion over chattel;
  2. which so seriously interferes with rights of the owner that;
  3. the actor may justly be required to pay the owner full value of the item

 

Term
Ways to Convert Chattel
Definition
  1. Acquiring possession of it;
  2. damaging or altering it;
  3. using it;
  4. receiving it;
  5. disposing of it;
  6. misdelivering it;
  7. refusing to surrender it
Term

Consent

 

Definition

 Consent can be actions or words

  1. Informed Consent- A person’s agreement to allow something to happen made with full knowledge of the risks involved and the alternatives.
  2. Implied consent- conduct implies consent
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