Tort outline - • Physical barriers or • Force or •...

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Tort outline Intentional Torts (Act + Intent = Result) - Battery o Act is Voluntary action o Intent to make a harmful or offensive contact or imminent apprehension of such contact. Wagner v. Utah (intent a contact. Liable for the results) White v. Muniz (intent to cause contact, and intended for it to be harmful) Bodily contact is offensive if it offends a reasonable sense of personal dignity o Intent (2 Prongs) Purpose Knowledge with substantial certainty Can’t just be a “could” - False Imprisonment o Confinement Directly or indirectly confine Within a boundary, and Real, not imagined, and No reasonable means of escape, and By means of
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Unformatted text preview: • Physical barriers, or • Force, or • Threat of force, or • Duress o Intent Intending to confine the other or a third person within boundaries fixed by the actor Desire/purpose to confine, or Knowledge substantial certainty confinement will result, or Tansfer of intent o Awareness Actual or Injury as a result of confinement-Negligence o Establishing Basic Duty & Breach Actual Causation Proximate Causation • Intervening Criminal Act o Stahlecker o Herrera • No Intervening o Cardoza o Andrews o Marshall o Kinsman o Relationship of Parties Affects Duty Causation...
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This note was uploaded on 12/20/2011 for the course TORTS 131 taught by Professor Keller during the Fall '11 term at Western State Colorado University .

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Tort outline - • Physical barriers or • Force or •...

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