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Torts II
Restatements
16
Law
Graduate
04/29/2013

Additional Law Flashcards

 


 

Cards

Term

Restatement Section 18

Battery: Offensive Contact

Definition
(1) An actor is subject to liability to another for battery if
(a) he acts intending to cause a harmful or offensive contact with the person of the other or a third person, or an imminent apprehension of such a contact, and
(b) an offensive contact with the person of the other directly or indirectly results.
(2) An act which is not done with the intention stated in Subsection (1, a) does not make the actor liable to the other for a mere offensive contact with the other's person although the act involves an unreasonable risk of inflicting it and, therefore, would be negligent or reckless if the risk threatened bodily harm.
Term

Restatement 13

Battery

Definition

An actor is subject to liability to another for battery if:

 

(a) he acts intending to cause a harmful or offensive contact, with the other or a third person, or an imminent apprehension of such a contact and 

(b) a harmful and offensive contact with the person of the other directly or indirectly results.

 

comment a: hostility is immaterial

Term

Restatement 35

False Imprisonment

 

Definition

An actor is subject to liability to another for false imprisonment if 

(a) he acts intending to confine the other or a third person within boundaries fixed by the actor, and

 

(b) his act directly or indirectly results in such a confinement, and the other is concious of the confinement or is harmed by it. 

 

 

 

 

 

 

Term

Restatement Section 46

IIED 

Definition

(1) One who by extreme and outrageous conduct intentionally and recklessly causes severe emotional distress to another is subject to liability for such emotional distress, and if bodily harm to the other results from it, for such bodily harm.

 

(2) Where such conduct is directed at a 3rd person, the actor is subject to liability if he intentionally or recklessly causes severe emotional distress. 

(a) to a member of such person's immediate family who is present @ the time, whether or not such distress results in bodily harm or

(b) to any other person who is present at the time, if such distress results in bodily harm.

Term

Restatment 36

Complete Confinement

Definition

(1) to make an actor liable for false imprisonment, the other's confinement within the boundaries fixed by the actor must be complete.

(2) Confinment is complete although there is a reasonable means of escape unless the other knows of it.

(3) The actor does not become liable for false imprisonment by intentionally preventing another from going a particular direction in which he has a right or privilage to go.

Term

Restatment 31

Word and Acts or Circumstances

Definition

Words do not make an actor liablle for assault unless together with other acts or circumstances they put the other in reasonable apprehension of an imminent harmful or offensive contact with his person.

Term

Restatement 22

Awareness of Assault

Definition

An Attempt to inflict harmful or offensive contact or to cause an apprehension of such contact does not make the actor liable for an assault if the other does not become aware of the attempt before it is terminated.

Term

Restatement 21

Assault

Definition

An actor is subject to liability to another for assault if: 

(a) he acts intending to cause a harmful or offensive contact with the person of the other or a third person, or an immiment apprehension of such a contact, and

(b) the other is thereby put in such immiment apprehension.

Term

Restatement 892

Consent

Definition

(1) Consent is willingness in fact for conduct to occur. It may be manifested by action or inaction and need not be communicated to the actor.

(2) If words or conduct are reasonably understood by another to be intended as consent, they constitute apparent consent and are effective as consent in fact.

Term

Restatement 892A (1)

Consent

Definition

(1)One who effectively consents to conduct ofanother intended to invade his interests cannot recover in an action of tort for the conduct or for harm resulting from it.

 

 

Term

Restatment 892A (2)

Effective Consent

Definition

To be effective, consent must be (a) by one who has the capacity to consent or by a person empowered to consent for him (b) to the particular conduct or to substantially the same conduct 

Term

Restatment 892A (3)

Conditional Consent

Definition

Conditional consent or consent restricted as to time, place, are or in other respects is effective only within the limits of the condition or restriction. 

Term

Restatement 892 (4)

Consent Exceeded

Definition

If the actor exceeds the consent it is not effective for the excess.

Term

Restatement 892A (5) 

Termination of Consent

Definition

Upon termination of consent its effectiveness is terminated except as it may have become irrevocable by contract or otherwise, or except as its terms may include, expressly or by implication, a privilege to continue to act.     

 

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