Torts | Some Moo Torts | TO MUCH TORTS |
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1. Act
2. Intent 3. Injury 4. Causation
4 requirements for Intentional Torts
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No
To prove Mental Suffering in Battery cases do you need to show physical injury?
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Terms of Time, Area, and Purpose
Permission to Enter Private Property requires?
3 Things |
What is a certain amount of physical contact is inevitable.
Define the Crowded World Theory
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Assault is an intentional attempt or threat to inflict injury that places another person in fear of imminent bodily harm.
Define Assault
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is a right to use land by an open, adverse, and continuous use over a statutorily defined time
What are Prescriptive Easements
3 Things |
1. He acts intending to confine the other or a third person within boundaries fixed by the actor AND
2. His act directly or indirectly results in such a confinement of the other AND 3. The other is conscious of the confinement of is harmed by it. What is
Define False Imprisonment
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when the enjoyment of her land is intentionally interfered AND unreasonably interfered through a thing or activity AND requires proof of that interference
Buttttttt if the interference isn't unreasonable, the damage can be claimed under Intentional Trespass
Private Nuisance
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Negligence is an unintentional act with a foreseeable risk that a reasonable man would avoid
What is the rule for Negligence
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Yes
If you intentionally "enter land in the possession of another, OR cause a think OR a third person to do so
Are you liable for damages without causing damage in a Trespass to Land Case?
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Knowledge of substantial certainly
Define General Intent
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Flight by anything above private land is trespass IF it interferes substantially with "others use and enjoyment of his land"
What's the Restatement Rule for entering air space above private property?
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