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Torts

TermDefinition
Battery Defendants acts intentionally cause harmful or offensive contact
States of mind that satisfy fault intent, negligence, recklessness
Appeals need jurisdiction, preservation, standard of review
Tort needs Act, intent(desire or substantial certainty), result in
Torts to property Trespass to land, trespass to chattel, conversion
Torts to person Battery, Assault, False Imprisonment
Trespass to land Plaintiff must prove ownership of land and intention and tangible invasion, intrusion, or entry by defendant onto that land that harms the plaintiffs interest in exclusive possession
Trespass to land remedies if no harm=nominal damages, if compensation needed - compensatory damages, injunction, punitive if deliberate or malicious
False imprisonment person confines another intentionally with out lawful privilege and against his consent
Falsie imprisonment, alternative ways to confine imminent threats or demands, assertion of authority when you don't have such authority, duress of goods if you shouldn't be expected to leave without it
False imprisonment damages can recover even if no actual harm
False imprisonment damages - actual harm required when: required when unaware of confinement
Popular Law sets

 

 



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