Torts

Card Set Information

Author:
varciniega
ID:
45794
Filename:
Torts
Updated:
2010-11-06 02:03:39
Tags:
Torts
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Description:
Intentional Torts
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  1. Define INTENT
    • Conscious desire that results will occur or
    • Knowledge that result will occur or
    • Knowledge that result is substantially certain to occur

    The intent to do the offensive contact is all that is needed, not the intent or knowledge of the possible consequences of that act.
  2. Define TRANSFERRED INTENT
    D’s wrongful intent is transferred from the intended victim to actual victim or from the intended tort to the committed tort.
  3. Define TRESPASS TO PERSONS/BATTERY
    The intentional harmful or offensive touching/contact of another without consent or privilege.

    • Elements:
    • 1. Intent
    • 2. Harmful or
    • 3. Offensive touching
    • 4. Another
    • 5. w/o Consent or Privilege
    • 6. Causation

    Public Policy: protect use from intentional invasions of our persons and bodily integrity
  4. Define TRESPASS TO LAND
    The unauthorized entry onto the property of another

    • Elements:
    • 1. Intentional
    • 2. Entry
    • 3. Property of Another
    • 4. w/o Consent or Privilege
    • 5. Damages are infereed from entry/ like a strict liability
    • 6. Causation
  5. Define TRESPASS TO CHATTEL
    The intentional interference with the Chattel (personal property) in possession of another.

    • Elements:
    • 1. Inten
    • 2. Unauthorized
    • 3. Substantial Interference/Intermeddling
    • 4. Another's Possession of Chattel
    • 5. Injury
    • 6. Causation
  6. Define CONVERSION
    The intentional exercise of unjustifiable and unwarranted dominion and control over the chattel of another.

    • Elements:
    • 1. Intent
    • 2. Exercise of Unwarranted Dominion and Control
    • 3. Harm
    • 3. Causation
  7. CONSENT DEFENSE
    A person can consent to an action, which will be a complete defense to an intentional tort.. Consent can be actual, apparent and implied by law.

    • Exceptions:
    • * Not effective when:
    • 1. Scope of consent exceeded
    • 2. Consent obtained by duress/fraud/mistake
    • 3. Consent to illegal acts

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