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Flashcards in Checklist Deck (22):
1

What are the three intentional torts that fall under injury to the body?

Assault, battery, false imprisonment

2

The are the two extra considerations for false imprisonment?

If the plaintiff was aware of the confinement or actually harmed by it, and if there was a reasonable means of escape

3

What are the two intentional torts for injury to the emotions?

Distress associated with a tortious injury, and IIED

4

If emotional distress associated with the separate tortious injury to the plaintiff's body, how is recovery given?

Under the separate tort

5

What are the two major categories of intentional torts to property?

Real property and personal property

6

What are the two major intentional torts to real property?

Trespass to land and nuisance

7

What are the two types of nuisance?

Private and public

8

What are the two types of personal property torts?

Conversion and trespass to chattels

9

What is the extra consideration that needs to be taken for conversion and trespass to chattels?

If There's an available remedy

10

What are the four different privileges and defenses to intentional torts?

consent, self-defense/defense of others/defense of property, authority, necessity

11

What Are the two different types of consent?

Express and implied

12

What are the extra considerations that need to be taken when discussing consent?

Lack of capacity, fraud, duress, mistake, exceeding the scope

13

What are the major things to hit for defense of self and others?

If there is a reasonable belief, if reasonable force was used, if the attack was imminent, and unprivileged

14

The two major things to hit for defense of property?

Reasonable force, and if you're recovering personal property you must first make a demand of return

15

The three types of authority that count as a defense to intentional torts?

Privilege to arrest, shopkeeper's privilege, and discipline

16

What are the special rule considerations for negligence?

- violation of the criminal statute
- increase knowledge of skills
- higher duty of care
- owner occupier of land
- guest statute
- only mental distress

17

If Defendant violated a criminal statute in negligence, what are the three things That have to be discussed?

Class, type, and no excuse

18

If D engaged in an activity on his land and injure another, what duty is owed?

Duty of due care

19

If the plaintiff was a trespasser, what is the general duty owed?

No duty, unless exceptions apply

20

What are the two exceptions to the no duty rule for trespassers?

A. Known or frequent trespassers
B. Child trespassers

21

If The defendant is a landlord, what are the three categories that apply to him?

- Duty to the tenant, duty to a third person on the land, duty to a third person off the land

22

What are The three major checklist categories of intentional torts?

Injury to the body, injury to the emotions, injury to property