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Flashcards in Torts Deck (21):
1

Battery

An intentional act that causes a harmful or offensive contact with the plaintiff or with something closely connected thereto. In GA, "intention" is not a part of the prima facie case for battery.

2

Assault

An intentional act that causes plaintiff to experience reasonable apprehension of an immediate harmful or offensive contact. Defendant must act with the desire to cause an immediate harmful or offensive contact or the immediate apprehension of such a contact, or know that such a result is substantially certain to occur.

3

False Imprisonment

An intentional act that causes plaintiff to be confined or restrained to a bounded area against the plaintiff's will, and the plaintiff knows of the confinement or is injured thereby. In GA, false imprisonment is "the unlawful detention of the person of another, for any length of time, whereby such person is deprived of his personal liberty." Malice and probable cause need not be shown.

4

Intentional Infliction of Emotional Distress

An intentional or reckless act amounting to extreme and outrageous conduct that causes plaintiff sever mental distress.

5

Trespass to Land

An intentional act that causes a physical invasion of plaintiff's land.

6

Trespass to Chattels

An intentional act by defendant that interferes with plaintiff's chattel, causing harm.

7

Conversion

An intentional act by defendant that causes the destruction of or a serious and substantial interference with plaintiff's chattel.

8

Self-Defense

A defendant may only use the degree of force reasonably necessary to avoid the harm threatened by plaintiff

9

Defense of Others

Defendant is allowed to defend another person from an attack by the plaintiff to the same extend the third person would be lawfully entitled to defend himself from plaintiff.

10

Defense of Property

Defendant allowed to use reasonable force.

11

Negligence

Duty, Breach, Causation, Damages

12

Invitee

A person who enters onto defendant's land at defendant's express or implied invitation, and who enters for a purpose relating to defendant's interests or activities, such as a customer, or someone there for business related purposes. Defendant has duty exercise reasonable care to prevent injury to invitees

13

Licensee

A friend, social guest. Must warn of known dangers on property

14

Superseding Cause

An unforeseeable, intervening cause that breaks the chain of causation between the initial wrongful act and the ultimate injury, and therefore relieves the original tortfeasor of any further liability

15

Contributory Negligence

In GA, a plaintiff is considered contributorily negligent if his negligence was the proximate cause of the injury or if he could have avoided the defendant's negligence by exercising ordinary care. In such situations, the plaintiff is barred from recovery.

16

Pure Comparative Negligence

A negligent plaintiff's recovery will be reduced by the percentage that he is at fault.

17

Modified Comparative Negligence

A negligent plaintiff can only recovery if his negligence is less than defendant's

18

Partial Comparative Negligence

Damages are apportioned only if the defendant's responsibility exceeds plaintiff's responsibility. Plaintiff is denied recovery if he is responsible for 50% or more of his own damages.

19

Assumption of Risk

Plaintiff "assumes the risk" of injury from defendant negligence if plaintiff expressly or impliedly consents to undergo the risk created by defendant's conduct

20

Strict Liability

Defendant is liable for injuring plaintiff whether or not defendant exercised due care.

21

Defamation

In GA, a plaintiff may recover for any false and malicious publication, not privileged, which intentionally or negligently results in damage to him. Libel = written, Slander = spoken. For public officials, malice is required