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When can a prima facie tort be used? a prima facie tort may be pleaded in the alternative to a traditional tort. Once a traditional tort is establishing, the causes of action for pirma facie tort disappears. What is a Prima Facie Tort? A prima facie tort is actionable in New York where: 1) There has been intention of harm 2) causing special damages 3) Without excuse or justification 4) by an act or series of acts that would otherwise be lawful. What are the intentional Torts to a person? 1. Battery
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When can a prima facie tort be used? a prima facie tort may be pleaded in the alternative to a traditional tort. Once a traditional tort is establishing, the causes of action for pirma facie tort disappears. What is a Prima Facie Tort? A prima facie tort is actionable in New York where:
What are factors towards a finding of outrageous conduct? IIED 1) Bad Behavior is continuous, repetitive, on–going
Does NY recognize IIED? New York recognizes the tor of intentional infliction of mental or emotional distress and does NOT require proof o physical harm or contact in order to complete the tort. If a person's property is GROUNDLESSLY attached to an action may the owner recover for IIED? The owner of property that is attached groundlessly MAY recover damages for mental distress upon a showing of lack of probable cause for the attachement and actual malice, which may be inferrd from awareness that there is no possibility of success in the action. What are factors towards a finding of outrageous conduct? IIED 1) Bad Behavior is continuous, repetitive, on–going
If a person's property is GROUNDLESSLY attached to an action may the owner recover for IIED? The owner of property that is attached groundlessly MAY recover damages for mental distress upon a showing of lack of probable cause for the attachement and actual malice, which may be inferrd from awareness that there is no possibility of success in the action. What are the defenses to intentional torts? 1) Privilege a) Medical Emergencies b) Use of Deadly Force What is Medical Emergencies? IIED Under NY Law, the consent of an unconscious person to medical treatment by a physcian to prevent death or serious
bodily harm when the physician reasonably believes that no one competent to consent is available. What is Use of Deadly Force? IIED Use of deadly force is allowed to prevent: