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Torts Flash Cards (basic definition)
Torts Flash Cards (basic definition)
Intent
A person acts with the intent to produce a consequence if:
(2) An act which is not done with the intention stated in Subsection
(1, a) does not make the actor liable to the other for a merely
transitory or otherwise harmless confinement, although the act
involves an unreasonable risk of imposing it and therefore would be
negligent or reckless if the risk threatened bodily harm.
§ 36. What Constitutes
Confinement
(1) To make the actor liable for false imprisonment, the other's
confinement within the boundaries fixed by the actor must be
complete.
(3) The actor does not become liable for false imprisonment by
intentionally preventing another from going in a particular direction
in which he has a right or privilege to go.
§ 39. Confinement by Physical Force
The confinement may be by overpowering physical force, or by
submission to physical force.
§ 40. Confinement by Threats Of
Physical Force
The confinement may be by submission to a threat to apply physical
force to the other's person immediately upon the other's going or
attempting to go beyond the area in which the actor intends to
confine him.
§ 40A. Confinement by Other
Duress
The confinement may be by submission to duress other than
threats of physical force, where such duress is sufficient to make
the consent given ineffective to bar the action.
§ 41. Confinement by Asserted
Legal Authority
(1) The confinement may be by taking a person into custody under
an asserted legal authority.
(c) fails to remove from the land a thing which he is under a duty to
remove.
§ 163. Intended Intrusions Causing
No Harm
One who intentionally enters land in the possession of another is
subject to liability to the possessor for a trespass, although his
presence on the land causes no harm to the land, its possessor, or
to any thing or person in whose security the possessor has a legally
protected interest.
§ 164. Intrusions Under Mistake
One who intentionally enters land in the possession of another is
subject to liability to the possessor of the land as a trespasser,
although he acts under a mistaken belief of law or fact, however
reasonable, not induced by the conduct of the possessor, that he
(b) has the consent of the possessor or of a third person who has
the power to give consent on the possessor's behalf, or
(a) the circumstances are such as to give the third person a privilege
of self-defense, and
(c) the actor has first requested the other to desist and the other
has disregarded the request, or the actor reasonably believes that a
request will be useless or that substantial harm will be done before
it can be made.
§ 84. Use of Mechanical Device Not
Threatening Death or Serious
Bodily Harm
The actor is so far privileged to employ, for the purpose of
protecting his possession of land or chattels from intrusion, a device
not intended or likely to cause death or serious bodily harm that he
is not liable for bodily harm done thereby to a deliberate intruder, if