torts

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20 Terms

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Intentional torts

when person deliberately engages in acts that result in harm to another person

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Negligent torts

when someone fails to use reasonable care, resulting in harm to another person or property

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Strict Liability tort

when defendant is held liable for harm caused by their actions regardless of their intent or level of care

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battery


intent to cause harmful or offensive contact

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assault


any willful attempt or threat to inflict injury upon the person of the other

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intentional infliction of emotional distress

when defendant engages in extreme or outrageous conduct that is likely to cause severe emotional distress

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false imprisonment

act of confinement to a bounded area

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trespass to land


intention to intrude without authorization and without privilege under law

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private nuisance

inference with the use and enjoyment of property of another person

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Coming to the Nuisance


you can't sue if the nuisance was there before you

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trespass to chattel

an attempt to interfere with the personal property of a person where act does interfere with plaintiff right of possession and plaintiff is harmed by the interference.

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voluntary

no intentional torts if plaintiff consents

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self defense

use of force that appears reasonably necessary for self-protection

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castle doctrine

some states allow plaintiffs to use deadly force against intruders without duty to retreat

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stand your ground

some states have no duty to retreat from place you are legally entitled to be

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shopkeeper's privilege

right of a store owner to detain a suspected shoplifter based on reasonable cause

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Nonfeasance

You have no duty to take action to come to the aid of others

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plaintiff

a person who brings a case against another in a court of law.

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defendant

an individual or group being sued or charged with a crime

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Torts

A civil wrong that causes harm or loss to someone leading to legal liability to the person who commits the act