Final Study Guide on Intentional Torts and Contract Law

Flashcards covering essential terms and definitions related to intentional torts and contract law.

Battery

Intent to cause harmful or offensive contact and actual harmful and offensive contact results.

Transferred Intent

A legal doctrine which allows an intention to harm one individual to transfer to another individual who is harmed.

Assault

The unlawful intentional placing of another in imminent apprehension of harmful or offensive contact.

False Imprisonment

Intention to confine another within fixed boundaries resulting in confinement and awareness or harm.

Trespass to Land

Knowingly entering another's property without permission.

Nuisance

Interference with one’s right to exclusive use and enjoyment of land.

Trespass to Chattel

Intentionally interfering with possession or use of personal property belonging to another.

Conversion

Intentional substantial interference with one's possessory interest requiring payment for full value.

Intentional Affliction of Emotional Distress

Acting in a manner that intentionally or recklessly causes another to suffer severe emotional distress.

Intrusion

Intrusion into seclusion that would be highly offensive to a reasonable person.

Appropriation

Unauthorized use of identity for a commercial purpose.

False Light Privacy

Presenting an individual in a false light that is offensive to a reasonable person.

Private Necessity

Privilege to interfere with another’s property rights to avoid greater harm.

Public Necessity

Destruction of property for the sake of the community while acting in good faith.

Self-Defense

Use of reasonable force under belief of being attacked.

Duress

Coercion that invalidates consent.

Negligence

Failure to take proper care, leading to harm.

Negligence Per Se

Negligence established by violation of a legal statute.

Statute of Frauds

A legal doctrine requiring certain contracts to be in writing.

Parol Evidence Rule

Excludes oral evidence from contradicting a fully integrated written contract.

Infancy Doctrine

Legal principle allowing contracts made by minors to be canceled.

Fraud

Misrepresentation of material fact relied upon by another party.

Undue Influence

Exerting pressure to enter into a contract due to a position of trust or authority.

Unconscionability

Terms so unreasonably favorable to one party that they are unenforceable.

Elements of Battery

1. Intent to cause harmful or offensive contact. 2. Actual harmful and offensive contact results.

Elements of Assault

1. Unlawful intentional placing of another. 2. In imminent apprehension of harmful or offensive contact.

Elements of False Imprisonment

1. Intention to confine another. 2. Within fixed boundaries. 3. Resulting in confinement. 4. Awareness or harm from confinement.

Elements of Trespass to Land

1. Knowingly entering another's property. 2. Without permission.

Elements of Nuisance

1. Interference. 2. With one’s right to exclusive use and enjoyment of land.

Elements of Trespass to Chattel

1. Intentionally interfering with possession or use. 2. Of personal property belonging to another.

Elements of Conversion

1. Intentional substantial interference. 2. With one's possessory interest. 3. Requiring payment for full value.

Elements of Intentional Affliction of Emotional Distress

1. Acting in a manner that intentionally or recklessly causes another. 2. To suffer severe emotional distress.

Elements of Intrusion

1. Intrusion into seclusion. 2. That would be highly offensive to a reasonable person.

Elements of Appropriation

1. Unauthorized use of identity. 2. For a commercial purpose.

Elements of False Light Privacy

1. Presenting an individual in a false light. 2. That is offensive to a reasonable person.

Elements of Private Necessity

1. Privilege to interfere with another’s property rights. 2. To avoid greater harm.

Elements of Public Necessity

1. Destruction of property. 2. For the sake of the community. 3. While acting in good faith.

Elements of Self-Defense

1. Use of reasonable force. 2. Under belief of being attacked.

Elements of Duress

1. Coercion. 2. That invalidates consent.

Elements of Negligence

1. Failure to take proper care. 2. Leading to harm.

Elements of Negligence Per Se

1. Negligence established by violation. 2. Of a legal statute.

Elements of Statute of Frauds

1. A legal doctrine. 2. Requiring certain contracts to be in writing.

Elements of Parol Evidence Rule

1. Excludes oral evidence. 2. From contradicting a fully integrated written contract.

Elements of Infancy Doctrine

1. Legal principle allowing contracts made by minors. 2. To be canceled.

Elements of Fraud

1. Misrepresentation of material fact. 2. Relied upon by another party.

Elements of Undue Influence

1. Exerting pressure to enter into a contract. 2. Due to a position of trust or authority.

Elements of Unconscionability

1. Terms so unreasonably favorable to one party. 2. That they are unenforceable.