Torts

What are the three elements of battery

1. Intent to Cause

2. Harmful or offensive Contact

3. To a Plaintiff’s Person

What are the three elements of assault?

1. Intent to Cause

2. Reasonable Apprehension 

3. Of an imminent harmful or offensive contact

What is trespass to chattel?

An intentional act that interferes with the plaintiff’s right to possess their chattel

Does trespass to chattel require damages?

Yes, it requires damages to the chattel or loss of its use.

What is conversion?

A more serious version of trespass to chattel, with substantial use

What is the general remedy for conversion?

Damages to compensate for the full value of property

What are the three elements of trespass to land?

Intent

To cause

Physical Invasion of Land

What are the three elements of IIED?

1. Intent

2. Extreme & Outrageous Conduct (Beyond all bounds of decency)

3. Severe Emotional Distress

What is the bystander rule for IIED

Person can sue for IIED if they:

1. Close Family Member

2. Defendant had knowledge

3. Severe Emotional Distress

What is the difference in harm requirements for a non-family member Bystander adoption of IIED?

Bystander must suffer physical harm - Think heart attack.

What are the three elements of False Imprisonment?

Intent

To Confine Plaintiff

To a Bounded Area

How does knowledge factor into false imprisonment?

Knowledge of the confinement must be established; the defendant must be aware that the plaintiff is confined without legal authority.

What is shopkeepers privilege and what two factors determine if the actions are just?

Shopkeeper's privilege allows a shopkeeper to detain a suspected shoplifter. The actions are just if the detention is conducted in a reasonable suspicion and for a reasonable period.

What is the key difference between NIED and IIED?

NIED requires physical harm

What is the corpse rule subset of NIED and is harm required?

1. Negligent handling of corpse

2. Emotional Distress

3. No physical harm required

Explain the doctrine of transferred intent

1. Defendant intends to commit a tort, but commits:

   1. A different tort or

      1. The same tort against a different person

Name the six main defense to intentional torts

Consent

Self Defense

Defense of Others

Defense of Property

Recapture of Chattels

Necessity - Public/Private

Explain the difference between private and public necessity?

Private - You are still liable for damages (Breaking into a house to stay warm)

Public - You are not liable for damages (Breaking into a fire station to grab an extinguisher to save the town)

What are the five elements of negligence

Duty

Breach

Factual Cause

Proximate Cause

Damages

Who is a duty owed to?

Forseeable Plaintiffs

What is the normal buzzword for the standard of care?

Reasonably prudent person

Is a duty owed to a unknown trespasser? Exceptions?

1. Unknown Trespasser: No duty of care

   1. Exception: Avoid willful or wanton harm

What is the duty owed to a known trespasser?

Warn them of known dangers

Give an example of a licensee and explain the duty that is owed to them

Licensee = Social Guest; Duty to warn of known dangers

Give an example of a invitee and explain the duty that is owed to them

Invitee = Business Patron; Duty to keep premises safe and warn of dangers.

Does a duty of to rescue exist? Exceptions?

No general duty of rescue, unless:

1. Assumption of Duty

2. Special Relationship

   1. teacher/student

   2. Innkeeper, etc.

What is the standard of care of a child?

The standard of care for a child is generally based on the conduct of a child of similar age, intelligence, and experience.

What is the standard of care of a professional?

1. Similar professionals with the same education, training, customers (doctor, lawyer, athlete)

What is the main rule associated with Factual Causation?

The "but-for" test, which determines whether the harm would have occurred but for the defendant's conduct.

What is the key element of proximate causation?

The key element of proximate causation is whether the harm suffered was a foreseeable result of the defendant's actions.

How can you determine if an intervening cause is foreseeable under proximate causation?

An intervening cause is foreseeable if the type of harm and the manner in which it occurs are within the scope of risks that made the defendant’s conduct negligent in the first place.

What is the difference between an intervening cause and a superseding cause?

Intervening Cause - Foreseeable

Superseding Cause - Unforeseeable - cuts off liability

What does negligence per se create with respect to negligence?

A rebuttable presumption of negligence

What are the three main elements of negligence per se?

1. Violation of ordinance/statute

2. Injured party is of protected class

3. Injury is the type statute was trying to prevent

What are the two main elements of Res Ipsa Loquitur?

1. Creates an inference of negligence, if: 

   1. Accident would not normally occur unless negligence

   2. Defendant had exclusive control

What are the five elements of attractive nuisance?

1. Owner knows of Child trespassers

2. Unreasonable risk of harm

3. Children cannot appreciate the risk

4. Cost of remedy is less than the danger

5. Owner fails to make safe 

What is the defense of pure comparative negligence?

1. Plaintiff is negligent. They will still recover, but damages are reduced by a percentage of fault

What is the defense of modified comparative negligence?

Plaintiff cannot recover if more than 50% at fault

What is the defense of contributory negligence?

Plaintiff cannot recover if at fault

What is the last clear chance exception to contributory negligence?

1. D had last clear chance to avoid accident, but didn’t do so

2. Plaintiff can recover

What is joint and several liability?

1. 2 more more people cause single accident

   1. All defendants jointly and severally liable for damages

What is vicarious liability?

When an employer is held liable for the negligent actions of an employee performed within the scope of employment

What are the three exceptions that would make an employer liable for conduct by an independent contract?

1. Abnormally dangerous activity

2. Non-delegable duties

3. If they are treated like an employee

What are the two main types of strict liability?

Possession of Wild Animals

Abnormally Dangerous Activity

Does the wild animal have to harm you for the owner to be strictly liable?

No, seeing a dangerous snake and running away from it and falling over would still make the snake owner liable.

When does a domestic animal be classified as “wild” for strict liability purposes?

When it has known, dangerous propensities

Give an example of abnormally dangerous activities?

Excavation, Dynamite, Toxic Chemicals

What is the main defense to strict liability?

Plaintiff knew and assumed the risk

What are the three different types of product liability?

Negligence

Breach of Warranty

Strict Product Liability

What are the five main elements of strict product liability?

1. Defective product

2. Sold by commercial seller

3. Foreseeable user

4. Used in manner it was intended

5. Product is unchanged

What is private nuisance? Objective or subjective?

1. Unreasonable interference with use/enjoyment of another’s property

2. Objective standard (Reasonable Person)

What is public nuisance and who generally brings it forward?

Public nuisance is an unreasonable interference with a right common to the general public, often brought forward by the government or a public entity.

What are the five elements of defamation?

1. False Statement

2. About Plaintiff

3. Hurts Reputation

4. Publication

5. Damages

What is the key difference between defamation of a famous person vs. a regular person?

Famous individuals must prove actual malice to succeed in defamation claims, while regular individuals only need to show negligence regarding the false statement.

What is the difference between libel and slander?

Libel refers to defamation in written or published form, while slander pertains to spoken defamation.

Does libel or slander require special (pecuniary) damages?

Slander requires special damages

What is slander per se?

1. Damages are presumed

   1. Profession/Business

   2. Chastity of a Woman

   3. Crime of Moral Turpitude (Felony)

   4. Loathsome Disease

What is the absolute defense to defamation?

Truth

What is the difference between absolute and qualified privilege as a defense to defamation?

Absolute privilege - Full protection (Made in court)

Qualified privilege - Sometimes protected (protecting public interest)

What is false light?

A type of privacy invasion where an individual is portrayed in a misleading or false manner, leading to reputational harm.

What is appropriation?

A form of invasion of privacy that occurs when someone uses another person's name or likeness for commercial gain without permission.

What is public disclosure?

The unauthorized sharing of private information about an individual that could cause harm or embarrassment. This may include revealing sensitive data such as medical records or financial information.

What is intrusion upon seclusion?

A privacy tort that involves the intentional interference with an individual's privacy by invading their personal space or affairs without consent, often through surveillance or unauthorized access.

What is intentional misrepresentation (fraud)?

1. Misrepresentation of Material Fact

2. Knew or should have known

3. Intent to induce reliance

4. Reliance

5. Damages

What is negligent misrepresentation (fraud)?

1. Negligence

2. Special relationship

3. Detrimental reliance

4. Damages

What is tortious interference with contractual relationship?

1. Contract Exists

2. Defendant has knowledge

3. Intentional interference

4. Damages

What is malicious prosecution?

1. Criminal Proceeding

2. No Probable Cause

3. Improper Purpose

4. Dismissed in favor of accused