Guess that vocab
Elements: Act, intent to touch, intent to harm or offend, results in offensive touching
What is battery?
Assault elements:
Act
Intent to create an
Immienent
of harmful or offensive touching
Apprehension
Resonable force, including deadly force to protect yourself and property.
What is the castle doctrine?
Negligent conduct of the plaintiff that falls below the standard established by law for the protection of self against unreasonable risk of harm and is ______ cause to his own injuries.
What is contributory negligence?
What we measure the defendant by. What a reasonable and prudent person would do in given circumstances.
What is the standard of care?
Intentionally
Interfering with the use and enjoyment of personal property
Harm (damage or dispossession)
What is trespass to chattels?
IIED:
Recklessly or intentionally
what is extreme or outrageous conduct?
Imposes a duty on property owners to treat trespassing children the same as an invitee and as a result must exercise reasonable care to eliminate potential dangers or provide adequate warning.
What is the attractive nuisance doctrine?
A property owner who doesnt fix dangerous conditions on their property like broken steps or exposed wiring.
What is breach of duty?
the improper doing of an act which a person might lawfully do.
What is misfeasance?
D is privileged to use reasonable force if she reasonably believes the force is necessary to prevent an imminent attack or confinement.
What is self defense?
Landowner standard of care:
Trespasser
Invitee
What is licensee?
What is the borrowed servant doctrine?
What is negligence per se?
Tort law could also be called.
What is the emergency room of the law?
Can be a defense to everything
What is the Statute of limitations?
Product Liability Claims:
Manufacturing Defect
Warning Defect
What is design defect?
the lost opportunity for a better outcome is itself the injury for which the negligently injured person may recover.
What is the loss of chance doctrine?
An accident which produced a persons injury was one which does not ordinarily happen.
What is Res Ipsa Loquitur?
Something said in passing.
What is obiter dictum?
Usually not an affirmative defense. Usually negates an element of the tort.
What is consent?
False Imprisonment
Confine another
Without lawful privilege
Within a limited place
For an appreciable time, however short
P ie either
Aware of the confinement or harmed.
What is intentionally act?
public entities and officers are not liable to individuals for failure to carry out a duty, even a statutory duty, owed to the public at large rather than a particular individual or groups.
What is the Public Policy Doctrine?
The plaintiff is required to prove that the defendant should have reasonably foreseen as a risk of her conduct, the general consequnces or type of harm suffered by the plaintiff.
What is proximate cause?
Make the wrongdoer speak
What is Facite Reum Dicere?