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These flashcards cover key concepts in tort law, including terms and definitions relevant to the subject.
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A prima facie case of battery requires __ to make a contact, conduct that causes such a contact, and that contact must be harmful or offensive.
intent
Assault is the intentional causing of __ of an imminent, and harmful or offensive, contact.
apprehension
The intentional infliction of __ or mental distress caused by the defendant’s extreme and outrageous conduct.
emotional distress
A harmful touching is a touching that causes __ or bodily damage.
pain
Transferring intent occurs when the person harmed is not the one whom the harm was __.
directed
False imprisonment occurs where the defendant intentionally causes the plaintiff to be __ to a bounded area.
confined
Negligence occurs when the defendant’s conduct falls below the __ of care of a reasonable person under the circumstances.
standard
Under the Cardozo majority rule, a duty is owed to those in the __ of danger.
zone
Strict liability may be imposed in cases involving __ activities, animals, and defective products.
dangerous
A joint enterprise occurs when individuals collaborate for a __ purpose and have a mutual right of control.
common
Defamation refers to __ language published to a third party that harms the plaintiff’s reputation.
defamatory