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Flashcards in Intentional Deck (14):
0

Intent

Volitional (unauthorized) act with intent to cause ....

1

Battery

Volitional (unauthorized) act with intent to cause harmful or offensive contact with a person and harmful or offensive contact with a person or 3rd party indirectly or directly resulting in harm.

2

Assault

A Volitional (unauthorized) act with intent to cause reasonable apprehension of imminent harmful or offensive contact with a person or 3rd person and causes reasonable apprehension of imminent harmful or offensive contact with a person or 3rd party.

3

False imprisonment

Volitional (unauthorized) act with intent to cause confinement or restrain of a person within its borders fixed by defendant and directly or indirectly causes confinement of person or 3rd party in which the person/3rd party is aware of confinement.

4

Intentional emotional distress

Volitional act with intent to cause or recklessly disregard the high probability of causing severe emotional distress through extreme and outrageous conduct and does cause severe emotional distress to a person or 3rd party.

5

Trespass to land

Volitional act with intent to enter another 's land and does enter it.

6

Trespass to Chattel

Volitional act with intent to cause interference with a person's ownership or possession of chattel and does interfere with a person'a ownership or possession.

7

Conversion

Volitional act with intent to cause substantial interference with possession or ownership of chattel and does cause substantial interference with possession or ownership of chattel.

8

Consent

Expressed implied from facts or implied as a matter of law.

  1.  Express – verbal consent.
  2.  Implied – conduct from the circumstances that would cause a reasonable person to conclude that the person consented.
  3. Implied as a Matter of Law – where a person cannot consent because of an emergency, incompetency, or minority, and a reasonable person in the circumstances would consent.

9

Self defense and defense of others

Under threat of immense harmful or offensive contact or under reasonable apprehension of such an attack and without duty to retreat plaintiff may use reasonable force to prevent threatened bodily harm.

10

Defense of personal or real property

A landoccupier can use reasonable force in circumstances to prevent a tort against property but first they must ask the entrant to leave. However, cannot ask someone priveleged to leave or eject a trespasser into an unreasonable danger.

11

Recovery of personal property

Person tortuously dispossessed of personal property after demand to return may use reasonable force to promptly recover from the wrongdoer or guilty 3rd party and can enter their land and or innocent 3rd party land

12

Public necessity

A person may injure the property of another where reasonably necessary to avoid a substantially greater harm to the public. No liability for damage.

13

Private necessity

A person may injure property of another where it is reasonably necessary to avoid a substantial greater harm to himself or his property. Must pay for damages done.