Intentional Torts (Ch. 3) Flashcards Preview

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Flashcards in Intentional Torts (Ch. 3) Deck (12):
1

Assault

intentional causing of an apprehension of harmful or offensive contact

2

Battery

Intentional infliction of a harmful or offensive contact upon a person

3

Chattel

personal property

4

Conversion

Substantial interference with another's property to the extent that justice demands payment for the full value of the property

5

false imprisonment

intentional confinement of another

6

intentional tort

Tort in which the tortfeasor intends to bring about a particular consequence or know with substantial certainty that a result will occur

7

necessity

Privilege that justifies the defendant's harming of the plaintiff's property in an effort to prevent great harm to the defendant or others

8

trespass to chattels

Intentional interference with another's use or possession of chattels
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Class definition: Physical contact with the plaintiff's personal property

9

trespass to land

Intentionally entering or wrongfully remaining on another's land
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Class definition: Physical contact with plaintiff's land, something attached to the land, or the usable airspace above the land

10

What are some defenses to Intentional Torts?

Consent (express, implied, custom)
Self-Defense
-Defense of Others
-Defense of Property
Necessity:
-Public Necessity
-Private Necessity
Regaining Possession of Chattels
Reentry on Land

11

Does the Transferred Intent Doctrine apply to Assault, Battery, and False Imprisonment?

Yes

12

Name 4 requirements for Intentional Infliction of Mental Distress to apply.

Conduct is intentional or reckless
Conduct is extreme and outrageous
Causal connection between conduct and distress
Emotional distress is SEVERE