Torts Outline Practice Flashcards

Comprehensive vocabulary flashcards covering intentional torts, defenses, negligence elements, causation doctrines, joint liability, and vicarious liability based on the Torts outline.

Battery

The intentional infliction of harmful or offensive bodily contact, judged objectively by the circumstances of the touching.

Single Intent Rule

Rule in battery where intent to cause contact alone satisfies the intent element.

Dual Intent Rule

Minority rule in battery requiring both intent to contact and intent that the contact be harmful or offensive.

Transferred Intent Doctrine

Rule where intent to commit an intentional tort against one person transfers to satisfy intent for a different tort to the same person, same tort to a different person, or different tort to a different person (applies to all intentional torts except IIED).

Eggshell Plaintiff Rule

Rule requiring a defendant to take the plaintiff as they find them; if plaintiff has an extreme pre-existing sensitivity, defendant is liable for the full extent of damages regardless of foreseeability.

Assault

Intentionally inflicting on another a reasonable apprehension of an imminent harmful or offensive bodily contact.

False Imprisonment

Occurs when an actor intentionally causes another to be confined or restrained in a bounded area fixed by the actor, and victim is consciously aware of confinement or harmed by it.

Intentional Infliction of Emotional Distress (IIED)

Occurs when a defendant, without privilege, intentionally or recklessly inflicts severe emotional distress on another by extreme and outrageous conduct.

Extreme and Outrageous Conduct

Conduct that transcends the boundaries of decency tolerated by a civilized society, evaluated by an objective reasonable person standard considering intensity, duration, frequency, and special relationships.

Bystander Rule (IIED)

Rule allowing a bystander to recover for IIED if they had contemporaneous awareness of defendant's conduct, defendant knew of bystander's presence or intended severe emotional distress, and bystander suffers physical injury/manifestation or is a close relative.

Trespass to Land

Occurs when a defendant intentionally enters another's land without permission, including the physical area immediately above and below the ground.

Continuing Trespass

Trespass where a structure, chattel, or object is left on land after license or privilege has expired or been exceeded.

Trespass to Chattels

The intentional interference or intermeddling with another's personal property that dispossesses the owner, diminishes condition/quality/value, deprives use for a substantial period, or causes injury/property damage.

Conversion

Occurs where one intentionally substantially interferes with personal property of another, causing serious interference in possessory interest such that actor may be required to pay full market value.

Shopkeeper's Rule

Affirmative defense for merchants or agents detaining suspected shoplifters if probable cause existed and merchant acted reasonably in manner, force, and duration.

Public Necessity

Privilege where interference with land/property is justified by necessity to prevent greater harm to the public; completely shields defendant from liability.

Private Necessity

Privilege where interference with property is justified by preventing greater harm to defendant or property; shields from nominal/punitive damages, but defendant remains liable for actual compensatory damages.

Negligent Informed Consent

Occurs when a physician fails to inform plaintiff of material risks of proposed treatment, plaintiff would not have consented if informed, and non-disclosed risk occurs causing harm.

Zone of Danger Rule (NIED)

Majority rule extending NIED liability absent physical impact when defendant's negligence places plaintiff in zone of physical danger and plaintiff suffers definite objective physical manifestations.

Bystander NIED Rule

Rule allowing recovery for NIED caused by 3rd party injury if plaintiff is a close relative, present at scene perceiving injury contemporaneously, and suffers severe emotional distress (Thing v. LaChusa).

Hand Formula for Breach

Negligence test determining breach when the probability/likelihood of injury ($P$) multiplied by severity ($L$) outweighs burden of precaution ($B$).

Negligence Per Se (NPS)

Doctrine substituting violation of a statute, regulation, or ordinance for RPP standard of care and breach when victim is in protected class, harm is intended type, and actor lacks recognized excuse.

Res Ipsa Loquitur (RIL)

Doctrine altering burden of proof when direct evidence is lacking, instrumentality was in defendant's exclusive control, and accident would not ordinarily occur without negligence.

Defendant's Motion for Directed Verdict

A judicial ruling guideline where the court must DENY the motion if plaintiff establishes Res Ipsa Loquitur (RIL) or Negligence Per Se (NPS), but must GRANT the motion if plaintiff fails to establish RIL/NPS and presents insufficient direct or circumstantial evidence of breach.

Substantial Factor Test

Causation test applied when two causes combine to produce an injury and either alone would have independently caused it; both negligent actors are liable (Anderson v. Minneapolis R.R.).

In Concert Causation

Rule where two or more defendants act negligently but only one could have caused injury, treating both as joint tortfeasors and shifting burden to defendants to prove non-involvement (Summers v. Tice).

Market Share Liability

Doctrine applied when plaintiff cannot prove exact manufacturer, shifting burden to defendants representing substantial market share to disprove causation or pay proportional market share damages (Sindell v. Abbot Laboratories).

Superseding Cause

An unforeseeable intervening cause arising between defendant's breach and injury that breaks the causal chain and relieves primary actor of proximate liability.

Rescue Doctrine

Rule permitting a 3rd party injured during a rescue attempt to recover from defendant whose negligence created imminent danger, provided rescue was not conducted with gross negligence.

Loss of Chance Doctrine

Medical negligence rule allowing plaintiff with survival chance over $50\%$ prior to misdiagnosis to recover in proportion to percentage loss in chance of recovery.

Joint and Several Liability

Liability system where two or more defendants whose negligent conduct proximately caused indivisible harm are each liable for $100\%$ of damages.

Mary Carter Agreements

Settlement agreements between plaintiff and a co-defendant who remains active in suit against non-settling defendants, enforceable in majority jurisdictions if disclosed to court and parties.

Right of Contribution

Right of a co-tortfeasor paying more than their share of fault to recover excess payments from other negligent co-tortfeasors legally liable to plaintiff.

Last Clear Chance Doctrine

Contributory negligence exception permitting plaintiff to recover $100\%$ if defendant had last meaningful opportunity to avoid injury.

Respondeat Superior

Doctrine holding employers vicariously liable for torts committed by employees acting within scope of employment.

Frolic and Detour

Distinction in scope of employment where a detour is a minor deviation keeping employer liable, whereas a frolic is a substantial deviation outside scope of employment.