Term
|
Definition
-
Act by D
-
Intent to bring about harmful or offensive contact, AND
-
Causation, the harmful or offensive contact actually happened
|
|
|
Term
|
Definition
-
Act by D
-
Offer of harmful or offensive touching or gesture
-
Reasonable apprehension of battery
-
Apparent ability of D to batter
-
Imminent threat of battery
|
|
|
Term
Elements of False Imprisonment |
|
Definition
-
Intentional Direct or Indirect Restraint against will of P
-
Defined Boundaries
-
No adequate legal justification
-
P must be aware of confinement or harmed by it
-
No reasonable means of escape
|
|
|
Term
|
Definition
- Intentional or reckless conductwhich is;
- Extreme or outrageouesand;
- Intent of the D to cause severe emotional distress and;
- The desired emotional stress actually occured
|
|
|
Term
Elements of Trespass to Land |
|
Definition
- Intentionally enters land, or causes something or someone to do so OR;
- Remains on land OR;
- Fails to remove something from land that is supposed to removed
|
|
|
Term
Elements of Trespass to Chattel |
|
Definition
- Intentionally dispossesing another of chattel OR;
- Chattel is impaired as to its condition, quality, or value OR;
- Bodily harm is caused to the possesor or some other person or thing of which the possesor has interest
|
|
|
Term
|
Definition
- Intentional exercise of dominion over chattel;
- which so seriously interferes with rights of the owner that;
- the actor may justly be required to pay the owner full value of the item
|
|
|
Term
|
Definition
- Acquiring possession of it;
- damaging or altering it;
- using it;
- receiving it;
- disposing of it;
- misdelivering it;
- refusing to surrender it
|
|
|
Term
|
Definition
Consent can be actions or words
-
Informed Consent- A person’s agreement to allow something to happen made with full knowledge of the risks involved and the alternatives.
-
Implied consent- conduct implies consent
|
|
|