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Flashcards in Elements Deck (24)
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1

Battery (4)

Harmful of offensive contact

To plaintiff's person

Intent

Causation

2

Assault (4)

Act by D creating a reasonable apprehension in P

Of an immediate battery (harmful or offensive contact to P's person)

Intent

Causation

3

False Imprisonment (4)

Act act or omission on the part of the D

that confines or restrains P to a bounded area

P must know of the confinement or be harmed by if.

4

IIED (4)

Act by D amounting to extreme and outrageous conduct

That causes severe emotional distress

Intent (recklessness ok)

Causation

5

Trespass to Land (4)

D must commit act of physical invasion

Act must interfere with P's exclusive possession of land.

Intent

Causation

6

Trespass to Chattels (4)

Act by D that interferes with P's right of possession in a chattel

Intent

Causation

Damages

7

Conversion (4)

Act by D that interferes with P's right of possession in a chattel

Interference is so serious that it warrants requiring D to pay the chattel's full value

Intent

Causation

8

Defamation (3)

D must make a defamatory statement specifically identifying the plaintiff

There must be publication of the statement

There must be damage to the reputation of the plaintiff

9

Defamation for matter of public concern (5)

D must make a defamatory statement specifically identifying the plaintiff

There must be publication of the statement

There must be damage to the reputation of the plaintiff

Falsity; and

Actual malice (pub figure) / Negligence (private figure)

10

Appropriation of P's Picture or Name (2)

Unauthorized use of P's picture or name

For D's commercial advantage

11

Intrusion on P's Affairs or Seclusion (3)

Act of prying or intruding

Into P's private affairs of seclusion

Highly offensive to a reasonable person

12

False Light (2)

Attributing views to P he does not hold or actions he did not take

Highly offensive to a reasonable person

13

Public Disclosure of Private Facts (2)

Public disclosure of private info about P

Highly offensive to a reasonable person

14

Intentional Misrepresentation (fraud, deceit) (6)

Misrepresentation of a material past or present fact

Scienter (knew or believed it was false or that there was no basis for the statement)

Intent to induce P to act or refrain from acting IN RELIANCE upon the misrepresentation

Causation (actual reliance)

Justifiable reliance

Damages (actual pecuniary loss)

15

Negligent misrepresentation (5)

Misrepresentation by D in a business of professional capacity

Breach of duty toward a particular P

Causation

Justifiable reliance

Damages

16

Interference with Business Relations (4)

Existence of a valid contractual relationship b/w P and 3rd party OR a valid business expectancy of P

D's knowledge of the relationship or expectancy

Intentional interference by D including breach or termination of the relationship or expectancy

Damages

17

Malicious Prosecution (5)

Who is immune?

Institution of criminal proceedings against P

Termination in P's favor

Absence of provable cause for prior proceedings

Improper purpose

Damages

(Prosecutors immune)

18

Abuse of Process (2)

Wrongful use of process for an ulterior purpose

Definite act of threat against P in order to accomplish an ulterior purpose

19

Negligence (4)

Duty to conform to a specific standard of conduct

Breach of that duty

Causation (actual and proximate)

Damage/harm

20

Strict Liability (3)

Nature of D's activity imposes an absolute duty to make safe

The dangerous aspect of the activity was the actual and proximate cause of P's injury

P suffered damage to person or property

21

Products Liability (2)

A defect

Existence of the defect when the product left D's control

22

Strict tort liability (commercial) (4)

Commercial supplier

Producing or selling a defective product

Actual and proximate cause

Damages

23

Private Nuisance (2)

Substantial, unreasonable interference

With another's use or enjoyment of property that he actually possesses or to which he has a right of immediate possession

24

Public Nuisance (2)

Unreasonable interference

With the health, safety, or property rights of the community.