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Social Science Law Civil Law CA Bar - Torts 52 questions and correct answers (elaborations) with 100% accurate , verified , latest fully updated , 2024/2025 ,already passed , graded a+, complete solutions guarantee distinctions rationales| 5-star rating$11.49
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Social Science Law Civil Law CA Bar - Torts 52 questions and correct answers (elaborations) with 100% accurate , verified , latest fully updated , 2024/2025 ,already passed , graded a+, complete solutions guarantee distinctions rationales| 5-star rating
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Course
Social Science Law
Institution
Social Science Law
Social Science Law Civil Law CA Bar - Torts 52 questions and correct answers (elaborations) with 100% accurate , verified , latest fully updated , 2024/2025 ,already passed , graded a+, complete solutions guarantee distinctions rationales| 5-star rating
STUVIA 2024/2025
1. Social Science
2. Law
3. Civil Law
CA Bar - Torts
Terms in this set (53)
Original
Battery (2)
1. Intent: D intends to cause contact with P's person (or anything connected).
- transferred intent applies.
- D need not intend that the contact be harmful or offensive.
2. Causation: D's conduct causes bodily harm to P or is offensive to P.
- conduct must be voluntary and affirmative.
- offensive = reasonable person standard OR when D knows the conduct is highly offensive to P's
sense of personal dignity.
Assault (4)
D intends to cause P to anticipate imminent, harmful, and offensive contact, and D's affirmative
%
conduct causes P to anticipate such contact.
1. Anticipated Contact: No actual contact required; P must be aware of D's acts; anticipated contact
must be harmful or offensive.
2. Imminence: threats of future harm or threats made by D who is physically too far away do not
satisfy this requirement.
3. Intent
- subject to transferred intent doctrine.
4. Causation
IIED (3)
intentional infliction of emotional distress, requires:
(1) Intent or Recklessness
- transferred intent does NOT apply when D intends to commit a different intentional tort against a
different victim; may apply if, instead of harming the intended person, D's extreme and outrageous
conduct harms another.
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(2) Extreme and Outrageous Conduct by D.
- While liability generally does not extend to mere insults, threats, or indignities, a defendant's abusive
language and conduct may be sufficiently "extreme and outrageous" if the defendant was in a position
of authority over the plaintiff.
(3) D's conduct caused P to suffer severe emotional distress.
- but for and proximate cause test.
(4) Damages: severe emotional distress (beyond a reasonable person's endurance or D knows of P's
heightened sensitivity).
Note: public figures or matters of public concern - public figures must show falsity and actual malice;
private P cannot recover if matter was of public concern.
IIED - Third Party
A defendant whose extreme and outrageous conduct has harmed a third party may be liable for
intentional infliction of emotional distress if (1) the plaintiff contemporaneously perceived that conduct,
(2) the plaintiff was closely related to the third party, and (3) the defendant knew of the plaintiff's
presence and that relationship.
False Imprisonment
(1) D intends to confine another within a limited area,
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- purposeful act or knowing confinement is substantially certain to occur.
(2) D's conduct causes P's confinement or D fails to release P from confinement despite a duty to do
so, and
(3) P is conscious of the confinement.
- length of confinement is immaterial except for damage calculation.
- damages (maj): actual damages are unnecessary; P can recover nominal or punitive damages.
Defenses to Intentional Torts - Personal Injury (8)
1. Consent
- actual (express): P willing for conduct to occur, revoked by clear communication.
- apparent: D reasonably believed P consented.
- presumed (implied): D justified based on social norms or D had no reason to believe P would not
actually consent if D had requested it.
- emergency (usually medical)
2. Self-defense: D must reasonably believe that force is (i) necessary and (ii) proportionate motive for
force.
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