Torts

Intentional Tort: Battery

Harmful or offensive touching the person or its chattel - contact is offensive

Intentional Tort: Assault

Reasonable apprehension (awareness) of immediate harmful or offensive contact

Intentional Tort: False Imprisonment

Intentional act or ,mission that causes the P to be confined or restrained to a bounded area (Confinement or Restraint)

Intentional Tort: EEID

Extreme and dangerous conduct that causes severe emotional distress

Intentional Tort: Trespass to Land

Physical invasion of another property ( only intent to enter land is required)

Intentional Tort: Trespass to Chattels

Interference with another persons right of possession

Intentional Tort: Conversion

Intentional serious interference of another persons right of chattel

Transfered intent

Intent can transfer from tort to tort, or from intended victim to the actual victim

Defenses to Tort

1. Consent: expressed or implied

2. Protective privileges (self defense, defense of others, defense of property)

3. Necessity: Public necessity - on behalf of a group of people) Private necessity - on behalf of another

Negligence

1. Breach

2. Duty

3. Causation

4. Damages

Standard of care: reasonable prudent person standard

Children: Of age, intelligence and experience

Professionals: Must exercise the knowledge anchored skill of the members profession in good standing

Landowners: undiscovered trespassers - NO DUTY; discovered and anticipated trespassers - duty to warn and make safe.

Licensee: Warn or make safe dangerous conditions, both artificial and natural

Invitees: warn or make safe dangerous conditions - reasonably inspect

NIED - Negligent Infliction of Emotional Distress

Defendant breaches a duty to the P by creating a risk of physical injury and the P suffers emotional distress as a result.

1. Danger Zone (Must be within the zone of danger)

2. P ordinary must suffer physical symptoms from distress.

Bystander Cases: Defendant breaches a duty to a bystander NOT within zone of danger when:

1. D is closely related to the injured party

2. Was present at the scene of the injury

3. Personally observed or perceived the event

A special relationship exists between the P and D under which the defendant negligence has great potential to directly case ED (e.g. hospital erroneously report death).

Showing of Negligence per Element

Breach Duty:

1. Custom or use can be used to show how a reasonable person should behave

Res Ipsa Loquitor - the fact that an injury is a type occurred may create an inference of breach under two requirements:

1. The accident causing the injury us a type that is normally associated with negligence

2. The negligence is attributed to the defendant (usually because the defendant was in exclusive control of the instrument causing the injury).

Causation:

Actual Cause: BUT For test

Proximate Cause:

1. Foreseeable

2. Harm foreseeable

3. Foreseeable intervening forces - does not cut D liability.

Damages:

Actual harm or injury to their person or property:

1. Economic Damages - medical expenses or lost wages

2. Noneconomic Damages - pain and suffering

Extent or severity of the harm need not be foreseeable (“eggshell Rule”)

Defenses

Contributory Negligence: Traditional rule bars recovery if the P is found to be at fault by any degree

Comparative Negligence:

1. Pure: P can recover damages reduced by their fault

2. Partial: P can recover reduced damages up to a. certain degree (50% or more, barred)

Assumption of the Risk: P is aware of the risk and proceeds anyway

Strict Liability

Liability is imposed on the D for P’s injury, even though the D did not intentionally harm the P and was not negligent.

1. Wild Animal

Products Liability

Strict Liability: P must show:

1. D is a merchant

2. Product was defective when it left the D’s control.

3. Actual and Proximate Case of the injury

4. Damages to Person or Property

Negligence:

1. Standard elements of negligence applies

2. General standard of care (reasonable prudent manufacturer)

3. D Conduct constitutes a breach of duty when it leads to a defective product that injures P.

Intent:

An intentional act by D resulted in a defective product that caused the P injury. (Not commonly tested)

Breach of Implied Warranties:

1. Implied Warranty of Merchantability - a merchant sells goods that are generally fit for ordinary use and generally acceptable to others in the industry.

2. Implied Warranty of Fitness for a Particular Use: The seller knows or has reason to know that the goods are required for a particular purpose and that the buyer is relying on that purpose.

P must prove the defect:

1. Varied from the normal products (Merchant Proves)

2. Design Defect - all produces of the line have dangerous characteristics. Alternative was economically feasible (Merchant proves)

3. Information Defect: users are given inadequate warnings and instructions (specific type of design defect)

Nuisance

Private Nuisance:

1. A substantial, unreasonable interference with another persons use or enjoyment of their property.

Public Nuisance:

1. An act that unreasonably interferes with the health, safety or property rights of the community.

Remedies: Usual remedy is damages but injunctive relief may be available. IF someone moves onto the land of the adjacent nuisance, they may bring a claim.

Defamation

1. Defamatory language (about P)

2. Published to a 3rd person

3. Caused damage to P reputation: (1) Libel - in writing or there permanent form (2) Slander - spoken but only if within one the the pro se categories - Business or profession, loathsome disease, crime of moral turpitude or sexual misconduct

4. Falsity (Not a requirement under CL)

5. Fault (1) Public Officials or Figures - MUST prove actual malice - knowledge of its falsity (2) Private Figures - suing on a matter of public concern must show (a) at least negligent as to truth and (b) actual injury NO presumed damages

Privacy Torts

1. Appropriation of the P picture or name (Unauthorized)

2. Intrusion on P affairs or seclusion

3. False Light

4. Public Disclosure of Private Facts about P (Private information)

Economic Harm Torts

1. Misrepresentation: (1) intentional misrepresentation (fraud)- D has knowledge of falsity or reckless disregard (scienter) - intent to induce reliance, causation - actual causation, justifiable reliance and damages

2. Interference with Business Relations (1) contractual relationship or business expectancy

3. Damages

Supplemental Torts

1. Vicarious Liability

2. Multiple Defendants: (1) joint and several liabitly - two or more D acts combine to proximate cause. P can recover from either D

3. Contribution - where Joint and several liability applies, a tortfeasor who paid more than their share of damages is allowed to recover excess from the nonpaying tortfeasors in proportion to their fault.

4. Survival and Wrongful Death

5. Tort Immunities: Government Immunities - Sovereign (Police, Ambulance drivers etc.)