tort outline me

tort outline me - Battery A acts Intending to cause harm (...

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Battery A acts Intending to cause harm ( desire or substantial knolwedeg); or Conduct that creates an offensive touching ( no need intent for offense, just intent for touch) A’s actcauses that harm or offensive touching No care if thought he was justified – still battery with a possible defense. A person knowing the consequences, accepts the act breaks the causeation chain. Assault Immediate apprehension. – intentional threat + apparent ability to do harm. Threats not assault unless dobe in such a way that under the circumstances think immediate harmfull or offensive contact Just because you could flee doesn’t make it not an assault Intentional infliction of emotional distress Outragouse conduct, intent or reclkless to cause severe distress ( it must be directed at a specific personor group), severe emotionbal distress follows. Wont let you side step a battery or assault statute of limitation and call it I.E.E.D But if future threat then not B or A so can say IIED and bring what happened before to show outragouse conduct. Some jurisdictions need physical manifestations and some don’t. Create outragouse behavior from offensive 1) done by someone with more power ot someone with less power ( employer - employee) 2) an act that is done repeadiatly 3) defendant know that plaintiff is more vulnerable to that tyoe of talk ( 4yr old tell mom take away v telling marine same thing) must suffer real sever emotional distree – upset not enough. Restament 1) conduct of A directed at B and B is distressed 2) conduct of A directed at B and C is distresses a) C is someone else in the family and is present 9 no need to show physical manifestations) b) C is a non-family member who is presentbut must show physical manifestations. Restatement also says may be other cases hwere IIED applies – where limited group, and clear she is distressed.
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Mistreatment of bodies have a cause of action eventhough no fall in IIED because limited group can claim it, certain if find out will be distressed, and low likely hood of discovery so make it easier to recover to deter such actions. FALSE IMPRISONMENT A acts ( could be implicit when offers a ride to drop her off) Intending to confine P A’s acts cause P to be confined P is aware of her confinement or is harmed If confined by threats must show could inspire fear Htrat is not a social bad ( I wont speak to you) but lose valuable item or harm TRANSFERRED INTENT 1) intended assault and did battery ( or false imprisonment) he has tortous intent and tort wantd to commite was simmiler to the tort he did commite. 2) Property torts ( tress pass to land, trespass to chattle) can be interchanged 3) Intended to destroy chattle an commits battery( diff liabilities, diff intnent). Cours differ. 4) Cant transfer any other tort including IIED
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This note was uploaded on 05/05/2008 for the course LAW 1 taught by Professor Hollister during the Fall '04 term at Fordham.

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tort outline me - Battery A acts Intending to cause harm (...

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