Overview of Intentional Torts and Negligence Law

Battery

Intentional harmful or offensive contact with another person.

Assault

Intentional act causing reasonable apprehension of imminent harmful or offensive contact.

False Imprisonment

Intentional confinement of a person without lawful justification and without their consent.

Intentional Infliction of Emotional Distress (IIED)

Extreme and outrageous conduct that intentionally or recklessly causes severe emotional distress.

Trespass to Land

Intentional entry onto another's land without permission.

Trespass to Chattels

Intentional interference with another's personal property, causing harm or deprivation of use.

Conversion

Intentional exercise of control over another's personal property, depriving them of its use permanently or for an extended period.

Consent

Voluntary agreement to the conduct.

Self-Defense

Reasonable force to protect oneself from harm.

Defense of Others

Reasonable force to protect another person.

Defense of Property

Reasonable force to protect property (but no deadly force).

Necessity

Interference with property to prevent greater harm (public or private necessity).

Duty

The obligation to conform to a standard of care to avoid unreasonable risk of harm.

Reasonable Person Standard

The care a reasonably prudent person would exercise under similar circumstances.

Breach

Failure to meet the applicable standard of care.

Actual Cause (Cause-in-Fact)

'But-for' the defendant's conduct, the harm would not have occurred.

Proximate Cause

The harm must be a foreseeable result of the defendant's conduct.

Damages

Actual harm or injury suffered by the plaintiff (e.g., physical, emotional, or property damage).

Contributory Negligence

Plaintiff's own negligence bars recovery (in jurisdictions that follow this rule).

Comparative Negligence

Plaintiff's recovery is reduced by their percentage of fault.

Assumption of Risk

Plaintiff knowingly and voluntarily accepted the risk of harm.

Abnormally Dangerous Activities

Activities that create a high risk of serious harm, even with reasonable care.

Wild Animals

Strict liability for harm caused by wild animals.

Domestic Animals

Strict liability if the owner knows of the animal's dangerous propensities.

Manufacturing Defect

Product deviates from its intended design, making it unreasonably dangerous.

Design Defect

Product is unreasonably dangerous due to its design.

Failure to Warn

Inadequate warnings or instructions about a product's risks.

Defamation

A false statement of fact that harms another's reputation.

Libel

Defamation in written or permanent form.

Slander

Defamation in spoken form.

Public Figures

Must prove actual malice (knowledge of falsity or reckless disregard for the truth).

Intrusion Upon Seclusion

Intentional intrusion into someone's private affairs in a way that is highly offensive.

Public Disclosure of Private Facts

Publicizing private information that is highly offensive and not of legitimate public concern.

False Light

Publicizing information that portrays someone in a misleading way, highly offensive to a reasonable person.

Appropriation

Unauthorized use of someone's name or likeness for commercial purposes.

Intentional Misrepresentation (Fraud)

False representation of a material fact, made with knowledge of its falsity, intent to induce reliance, and actual reliance causing damages.

Negligent Misrepresentation

False representation made without reasonable care, causing reliance and damages.

Interference with Contractual Relations

Intentional interference with an existing contract, causing a breach.

Interference with Prospective Economic Advantage

Intentional interference with a potential business relationship or economic opportunity.

Private Nuisance

Substantial and unreasonable interference with another's use and enjoyment of their property.

Public Nuisance

Interference with a right common to the general public.

Respondeat Superior

Employers are liable for torts committed by employees within the scope of employment.

Independent Contractors

Employers are generally not liable for torts of independent contractors, except for inherently dangerous activities.

Joint and Several Liability

Multiple defendants can be held liable for the full amount of damages.

Negligence Per Se

Violation of a statute designed to protect against the type of harm suffered by the plaintiff.

Res Ipsa Loquitur

The accident itself implies negligence when the harm would not ordinarily occur without negligence.

Eggshell Plaintiff Rule

The defendant takes the plaintiff as they find them, liable for all harm caused, even if the harm is unusually severe.

Loss of Consortium

A claim by a spouse or family member for loss of companionship or services due to the plaintiff's injury.

Zone of Danger

In emotional distress claims, the plaintiff must have been in the zone of physical danger caused by the defendant's negligence.

Strict Products Liability

Liability for defective products regardless of fault, focusing on the product's condition rather than the defendant's conduct.

Comparative Fault

Reduces the plaintiff's recovery based on their percentage of fault.

Joint Tortfeasors

Defendants who act together or independently to cause a single harm may be jointly and severally liable.