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TORTS CH 2
Question | Answer |
---|---|
Having the knowledge and desire that a specific consequence will result from an action | Intent |
The defendant knows that the plaintiff's damage is probably going to occur as a result of the defendant's actions | Substantial certainty |
The mental desire and will to act in a particular way | Specific intent |
Doctrine that holds a person liable for the unintended result to another person not contemplated by the defendant | Transferred intent doctrine |
A standard of values having soundness or moral principle and character | Integrity |
An intentional and unwanted harmful or offensive contact with the person of another / The actual, intentional touching of someone with the intent to cause harm, no matter how slight the harm | Battery |
Asking whether or not an ordinary or average person would find the action offensive or harmful | Reasonable person test |
The body and clothing of an individual as well as anything attached or an extension of the body such as a purse | Person |
A small amount of money given to the nonbreaching party as a token award to acknowledge the fact of the breach | Nominal damages |
An amount of money awarded to a nonbreaching party that is not based on the actual losses incurred by that party, but as a punishment to the breaching party for the commission of an intentional wrong | Punitive damages |
Intentional, voluntary movement that created fear or apprehension of an immediate, unwanted touching / The threat or attempt to cause a touching , whether successful or not, provided the victim is aware of the danger | Assault |
Any deprivation of a person's freedom of movement without that person's consent and against his or her will, whether done by actual violence or threats | False imprisonment |
Jury | Trier of fact |
Intentional act involving extreme and outrageous conduct resulting in severe mental anguish | Intentional infliction of emotional distress |
Initiating a criminal prosecution or civil suit against another party with malice and without probable cause | Malicious prosecution |
The totality of circumstances leads one to believe certain facts or circumstances exist / Applies to arrests, searches and seizures | Probable cause |
Person's doing of any act in reckless disregard of another person | Malice |
Using the threat of resorting to the legal system to extract agreement to terms against the other party's will | Abuse of process |
An act of communication involving a false and unprivileged statement about another person, causing harm | Defamation |
Written defamatory statement | Libel |
Damages that are presumed under the law to result naturally from an act and do not require proof | Presumed damages |
Oral defamatory statements | Slander |
Slander that is actionable without the plaintiff providing proof of damages | Slander per se |
Slander that requires proof of damages | Slander per quod |
Trespassing on or encroachment on the possessions of another | Intrusion |
Stealing and using someone's identity or image | Appropriation |
Stated in the news or printed in a newspaper | Public disclosure |
An untrue and misleading portrayal of a person | False light |