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Torts

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xafosupa's version from 2016-12-02 01:20

Section 1

Question Answer
Intentional TortsAssault, Battery, False Imprisonment, Tresspass to Land, Trespass to Chattles
BatteryA Batter is when the defendant intentionally causes a harmful or offensive contract with the person of another. The plaintiff must suffer harm or offense from the contract and the contract must be one that an ordinary person of reasonable sensibilities would find harmful or offensive.
AssualtAssault is when the defendant intentionally causes another to apprehend an imminent battery. It doesn't matter if the battery could occur, only matters that the defendant made the plaintiff resonably apprehend that the plaintiff was about to suffer a battery.
False Imprisonment False Imprisonment is when one intentionally cuases the confinement of another person, against that person's will, and when the person is concious of confinement (at the time). A complete confinement is required. Plaintiff must be restricted to one location with limiting boundaries that are not of there own making. A means of egress is unreasonable if it risks injury to one's person or harm to (or loss of) one's property.
Trespass to LandA trespass to land is an intentional unauthorized entry onto land in the possession of another. It does not have to be one's purpose to be on land belonging to another, in fact, it does not make any differance whether one reasonably believes that one is on one's own land. If you intend to be where you are, and in fact you are upon land belonging to antoher, that will suffice.
Trespass to ChattelsTresspass to Chattels is an intentional intermeddling with a chattle in the possession of another, causing actual harm. This requires actual harm to the chattel, this tort will not support an action for nominal damages. Any materal alteration or dispossession, however breif, is considered actual harm.
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Section 2

Question Answer
Privileges - Defenses to Intentional Tort LiabilityConsent, Self-Defense, Defense of Others, Defense of Property, Recovery of Property, Necessity
ConsentWhen the plaintiff
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