CHAPTER 12

CHAPTER 12 - Real Estate Chapter 12 CHAPTER 12 RIGHTS AND...

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Real Estate Chapter 12 CHAPTER 12 RIGHTS AND DUTIES OF LANDOWNERS NAD OCCUPANTS I. Tort Law A. Tort - a wrongful act that injures another person’s body, property, or reputation. “Civil” wrong against personal/property interest 1. Physical integrity 2. Mental/Emotional integrity 3. Reputation 4. Interest in Property B. There are three categories of Tort 1. Negligence 2. Intentional 3. Strict Liability C. Intentional Tort - requires proof that the wrongful act was “intentional” and that the act caused injury. Tort feasor - one who commits a tort 1. Against a person a. Battery - harmful or offensive (to a reasonable person) touching (contact) of another person (backpack connected to body) without consent b. Assault - an attempted or threatened battery that leads to reasonable apprehension (belief) with immediate harmful contact 2. Intentional Infliction of Emotional Distress a. “Outrageous conduct” that causes “severe” mental/emotional distress b. Outrageous conduct is what a reasonable person would say is outrageous c. Or beyond the bounds of decency in a civilized society 3. False Imprisonment - unlawful detention of another person, confinement without legal justification a. Direct threat b. Third party threat J. Duong 1
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Real Estate Chapter 12 c. Personal property threat d. Merchants can detain suspected shop lifters as long as it’s reasonable
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CHAPTER 12 - Real Estate Chapter 12 CHAPTER 12 RIGHTS AND...

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