157677
Description
Flashcards by alicialee07, updated more than 1 year ago
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Created by alicialee07
over 11 years ago
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| Question | Answer |
| In tort law, conduct is intentional if the actor ... | (a) desires to cause the consequences of his act, or (b) believes that the consequences are certain to result from it |
| How would you distinguish Intentional conduct from Reckless or Negligent misconduct? | If harm is intended, the tort is intentional. If not, and D’s conduct merely creates a foreseeable risk of harm, then D’s conduct is either negligent or reckless depending upon the magnitude and probability of the risk and D’s consciousness of it. |
| T/F: In most jurisdictions, a mentally incompetent or insane person is liable for his intentional torts, even when incapable of forming a purpose or understanding the consequences of his conduct | True |
| What is battery? | Battery is a harmful or offensive contact (direct or indirect) with P’s person, caused by D, with the required intent. D must have acted intending to cause a harmful or offensive contact with P (or another), or an apprehension of such a contact. |
| T/F: In battery it does not matter if the D intended no harm or | True |
| What is assault? | Assault is an act by D, done with the required intent, which arouses in P a reasonable apprehension of an imminent battery. D must have acted intending to cause a harmful or offensive contact with P (or another), or to cause an imminent apprehension of such a contact. |
| T/F: Mere words, unaccompanied by a physical act, are considered an assault | False |
| What is false imprisonment? | False imprisonment occurs when D, intending to confine P (or another) within boundaries fixed by D, so confines P, and P is conscious of the confinement or is harmed by it. |
| Describe: Intentional or Reckless Infliction of Emotional Distress | When D, by extreme and outrageous conduct, intentionally or recklessly causes severe emotional distress to P, D is subject to liability to P for that emotional distress and for any resulting bodily harm. |
| Describe: Trespass of land | D trespasses on P’s land when he intentionally (a) himself enters the land or causes a thing or third person to do so, (b) remains on the land after his privilege to be there has expired, or (c) fails to remove from the land a thing which he is under a duty to remove. P may sue in trespass only if P is in possession of the land or is entitled to immediate possession. |
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