tort

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Author:
sascha.hammerle
ID:
3619
Filename:
tort
Updated:
2009-12-30 23:11:34
Tags:
taft law
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Description:
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  1. battery
    the intentional harmful or offensive touching of another without consent or privledge
  2. crime prevention
    a private citizen is privledged to use deadly force to prevent a dangerous felony from being comitted
  3. mutual combat as consent
    majority rule does not recognist his as a defense, minority rule is contra
  4. defense of land
    the defendant is provledged to use reasonable force to evice where an entrance is not privledged
  5. trespass ab initio
    where one invades land of another under some privilege but subsequent;y exceeds the privledge; the original entry becomes unlawful and liability may result.
  6. trespass to land
    intentional entry upon land in posession of another without consent or privledge.
  7. defense of others
    • reasonable force is permitted to protect any third party from harm.
    • majority rule requires defendant to step into the shoes of the person being protected, while minority allows for reasonable mistake.
  8. trespass to chattel
    intentional interfearence with the chattel in posession of another without consent or privledge
  9. assault
    the intentional placing of another in reasonable aprehension of an immenant harmful or offensive touching without consent or privledge.
  10. recapture of chattel
    one has the privledge to enter land of another for the purpose of taking posession as long as a demand is made and the entry is reasonable.

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