Chapter 4 Flashcards
(17 cards)
what is an intentional tort?
it involves intentional, rather than merely careless conduct
what is the tort of assualt?
occurs when the defendant intentionally causes the plaintiff to reasonably believe that offensive bodily contact is imminent
what is the tort of battery?
consists of offensive bodily contact
what is the tort of false imprisonment?
occurs when a person is confined within a fixed area without justification
what is the tort of tresspass to land?
occurs when the defendant improperly interferes with the plaintiffs land
what are chattels?
moveable forms of property
what is the tort of tresspass to chattels?
occurs when the defendant interferes with the plaintiff’s chattels
what is the tort of conversion?
occurs when the defendant interferes with the plaintiffs chattels in a way that is serious enough to justify a forced sale
what is the tort of detinue?
occurs when the defendant fails to return chattel that the plaintiff is entitled to possess
what is the right if recaption?
allows a person to take their own property back
what is a complete defense?
a complete defense protects the tortfeaser from all liability
what is consent?
exists if a person voluntarily agrees to experience an interference with their body, land or goods
what is legal authority?
provides a person with a lawful right to act in a certain way
what is self defence?
consists of the right to protect oneself from violence
what is a partial defense?
allows a court to reduce damages on the basis of the plaintiffs own responisbility for a loss or injury
what is provocation?
cpnsists of words or actions that would cause a reasonable person to lose self control
