Term
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Definition
| External manifestation of actor's will |
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Term
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Definition
1. Acting for the purpose of
2. Know to substantial certainty |
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Term
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Definition
| But-for the defendant's act, would the injury have occurred? |
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Term
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Definition
1. Act
2. Intent
3. Harmful/offensive contact
4. Cause in Fact
5. Injury presumed |
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Term
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Definition
1. Act
2. Intent
3. Apprehension of imminent harmful/offensive contact
4. Cause in Fact
5. Injury Presumed |
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Term
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Definition
1. Act
2. Intent
3. Plaintiff confined or restrained in bounded area
4. Cause in Fact
5. Injury: presumed if plaintiff was aware of the confinement. If plaintiff was unaware, must be actually harmed |
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Term
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Definition
1. Act
2. Intent: purpose, knowledge, recklessness
3. Extreme and Outrageous Conduct
4. Cause in Fact
5. Severe Emotional Distress |
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Term
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Definition
| Substitute for intent. Subjective. Consciously disregard risk. IIED is the only tort that can plead this. |
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Term
| Extreme and Outrageous Conduct |
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Definition
| Test: Reasonable person of the community would stand up and exclaim "outrageous!" upon hearing of the incident |
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Term
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Definition
1. Act
2. Intent
3. Interference with plaintiff's exclusive possession of land
4. Cause in Fact
5. Injury Presumed |
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Term
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Definition
1. Act
2. Intent
3. Dispossession or intermeddling with plaintiff's chattel
4. Cause in Fact
5. Injury Presumed |
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Term
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Definition
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Term
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Definition
| Defendant takes chattel. Change in ownership. |
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Term
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Definition
1. Act
2. Intent
3. Serious interference with plaintiff’s exclusive possession of personal property
4. Cause in fact
5. Injury presumed |
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Term
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Definition
a. Expressed consent: written/verbal
b. Implied consent: conduct |
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Term
| Defense of Self, Others, and Property |
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Definition
a. Reasonable for the belief of a need to defend
b. Response must be proportionate |
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Term
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Definition
1. Duty
2. Breach
3. Cause in Fact
4. Proximate Cause
5. Harm |
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Term
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Definition
| Test: Foreseeability and Scope of Risk |
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