BLS 342- Exam #2 Word List

BLS 342- Exam #2 Word List - Definition of "Intentional...

Info iconThis preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
Definition of "Intentional Tort- Occurs when a defendant takes action intending that certain consequences will result, to knowing they are likely to result. Ex) “I’m going to run you over with my car.” Required elements = 1) was there intent? 2) Were you injured (violation of any right)? * Need both! Trespass to Property (Real and Personal) = Real Propert y= Entering A person who intentionally stays on the land of another without the owners consent. *Harm doesn’t have to be one of the elements. Ex) kids walking across property, ask court for a injunction. Part 2) Remaining . Personal can cause something to enter the persons land without owners consent. Ex) Invited to party, got drunk and got asked to leave. Part 3) Causing. Causing something to enter without owners consent. Ex) neighbor cuts tree down on your property. Personal Property = Intentional dispossession or unauthorized use of another’s personal property, no consent. Conversion = Trespass of personal property on steroids. Intentional exercise of a dominion and control over a person’s property that would require full payment for the value of the property. Ex) someone steals your car for a few days. Brings it back, you can sue for cost of gas, cost of renting a car, ect. Ex) borrowing a car till noon, instead leaves it somewhere, didn’t bring it back (dispossession) Transferred Intent = Where there is intent to cause harm to one person that results in causing harm to another. Ex) Meaning to hit someone, but that person ducks and you hit someone else. *** Intended to assault man, but intent was transferred to woman with another injury is transferred intent. Purpose of "Tort Law" = Compensate innocent injured persons, prevent private retaliation by inured parties, reinforce vision of a just society, deter future wrongs, Nuisanc e= = An intentional tort. Created by a non-trespassing invasion. Intend to do things on your own property. Intent is on own property. Ex) burn leaves, blare music, burn tires, that all get on neighbors property. ** Threw swimming pool liner in burn pile, melted all wrong with bad smoke that went over to his neighbor’s property. Intended to burn swimming pool liner, didn’t intend to kill neighbors, but in act harmed neighbors. Attractive nuisance = The landowner may be held liable for injuries to children trespassing on the land if the injury is caused by a hazardous object or condition on the land that is likely to attract children who are unable to appreciate the risk posed by the object or condition. Defamation
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Image of page 2
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 11/15/2011 for the course BLS 342 taught by Professor Miller during the Fall '08 term at Miami University.

Page1 / 5

BLS 342- Exam #2 Word List - Definition of "Intentional...

This preview shows document pages 1 - 2. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online