Torts

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Author:
nmatani
ID:
221097
Filename:
Torts
Updated:
2013-05-25 16:34:35
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Torts
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Description:
Flashcards for Torts on California Bar Exam
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  1. Is there an incapacity defense for intentional torts?
    No incapacity defense for intentional torts

    Applies to children, elderly, mentally ill defendants
  2. What is intent?
    Desire to produce a legally forbidden consequence
  3. What does every intentional tort require?
    D must have intent to commit legally forbidden consequence
  4. Elements of Battery
    1. D must commit harmful or offensive contact

    Offensive Contact: not permitted by reasonable or normal person

    2. Contact must be with P's person

    Includes anything connected or attached to P

  5. Elements of Assault
    1. D places P in reasonable apprehension

    P must be AWARE of D's conduct

    2. Apprehension must be of immediate battery

    Words alone NOT ENOUGH

    Words can also mitigate prior menacing action/gestures
  6. Elements of False Imprisonment
    1. D must commit act of restraint

    P MUST BE AWARE of confinement or suffer harm from it

    2. P must be confined in bounded area
  7. Examples of sufficient restraint
    Threats

    Omission/failure to act if D owes duty to P
  8. Exception to False Imprisonment
    Area NOT BOUNDED IF reasonable means of escape that P can reasonably discover

    If there is reasonable escape available to P, P will NOT WIN false imprisonment claim
  9. Elements of Intentional Infliction of Emotional Distress
    1. D commits outrageous conduct


    2.
  10. Define outrageous conduct

    Exceptions?
    Outrageous conduct: conduct that exceeds all bounds of decency tolerated in civilized society

    • Exceptions
    • 1. Mere insults

    2. Exercise of 1st Amendment free speech right may be outrageous conduct BUT constitutionally privileged

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