T1

Card Set Information

Author:
Anonymous
ID:
186595
Filename:
T1
Updated:
2012-12-02 15:13:16
Tags:
ITorts
Folders:

Description:
ITorts
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  1. Intent
    desires or is substantially certain the conduct will occur
  2. Battery
    intentionally causes harmful or offensive contact with the victim’s person
  3. Assault
    • intentionally causes victim's reasonable apprehension of immediate harmful or offensive contact. 
    • The Restatement, unlike many courts, deletes the requirement that apprehension be “reasonable”
    • victim must perceive that harmful or offensive contact is about to happen to him
    • victim's apprehension must be of imminent harmful or offensive contact
  4. False Imprisonment
    intentionally cause confinement or restraint of the victim within a bounded area.
  5. IIED
    • by extreme and outrageous conduct, intentionally or recklessly causes the victim severe mental distress.
    • The majority held that a public figure could not recover without proving such statements were made with New York Times malice, i.e., with “knowledge or reckless disregard toward the truth or falsity” of the assertion.
    • recklessness, in addition to intent, generally suffices for liability
    • Courts have usually awarded a third-party victim recovery
    • only if, in addition to proving the elements of the tort, she is (1) a close relative of the primary victim; (2) present at the scene of the outrageous conduct against the primary victim; and (3) the defendant knows the close relative is present.
    • Restatement is somewhat less restrictive, requiring only that a primary victim's immediate family members be present and can prove the elements of the tort.  Non-relatives who satisfy the elements of the tort can also recover under the Restatement if they are present and suffer physical manifestation of severe distress.
    • Common carriers and innkeepers are liable for intentional
    • gross insults which cause patrons to suffer mental distress.

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