Torts

Card Set Information

Author:
ashleyphill09
ID:
153994
Filename:
Torts
Updated:
2012-05-15 13:00:41
Tags:
Torts
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Description:
Torts
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The flashcards below were created by user ashleyphill09 on FreezingBlue Flashcards. What would you like to do?


  1. Assault
    • -An act by the D creating a reasonable apprehension in P of innediate harmful or offensive contact
    • -Intent on the part of the D to bring about apprehension of immediate harmful or offensive contact in the P
    • -Causation
  2. 3 types of Battery
    • 1) D intends to commit an offensive or harmful contact, and an offensive or harmful contact results
    • 2) D intends to commit an assault, and an offensive or harmful contact results
    • 3) D commits an act, where he knows or should know, creates a substantial certainty that a harmful or offensive contact will occur
  3. Intentional Inflection of Emotional Distress (IIED)
    • -Extreme and Outrageous conduct
    • -Intent by the D that P suffer severe emotionl distress, or recklessness
    • -Causation
    • -Damages - severe emotional distress
  4. IIED 3rd Party Recovery
    • -When the D causes physical harm to a 3rd party and the P suffers emptional distress because of her relationship to the injured person:
    • -P must be present;
    • -P was a close relative to the injured person;
    • -D knew or should have known of the presence of P
    • -Actual damages are required
  5. Negligent Infliction of Emotional Distress (NIED)
    • -D creates a foreseeable risk of physical injury to the P either by:
    • 1) causing a threat of physical impact that leads to emotional distress; or
    • 2) Directly causing severe emotional distress that causes physical symptoms to the P

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