torts

Consent

The willingness for contact to occur, highly contextual, can be actual or implied, and depends on the circumstances and rules of the activity.

Self-Defense

The reasonable use of force to protect oneself from imminent harm, including the conditions for using deadly force and the duty to retreat.

Defense of Others

Using reasonable force to defend another person, subject to the same conditions as self-defense.

Defense of Property

Using reasonable force to defend property, with limitations on the use of deadly force.

Necessity

Defense against trespass, requiring payment for any damage caused by the necessary use of another's property.

Actual Causation

The requirement to prove that the defendant's actions were the actual cause of harm in tort cases, including but-for causation and types of damages liability.

Joint and Several Liability

Liability where the plaintiff can pursue each defendant for 100% of damages or for each defendant's share.

Respondeat Superior

Liability of an employer for the actions of an employee within the scope of employment.

Negligence

Causing harm due to a failure to exercise reasonable care, with elements including duty of care and breach of duty.

Duty of Care

The obligation to act with the level of care a reasonable person would under the circumstances, determined by the finder of fact.

Concealed trap rule

Imposes a duty to warn when a possessor of property is aware of a hidden dangerous condition that poses a risk of harm to individuals on the property, leading to potential negligence if a warning is not provided.

Common Carrier

Businesses transporting people or goods for hire, such as planes, trains, and taxis, with a duty of care higher than reasonable care, requiring extraordinary caution in ensuring passenger safety.

Res Ipsa Loquitur

Doctrine allowing a plaintiff to establish negligence when direct evidence is unavailable, requiring the defendant's exclusive control over the instrumentality causing harm and the occurrence being unlikely without negligence.

Actual Causation

Determining if the defendant's actions were a substantial factor in causing harm, using the "but for" test to assess whether the harm would have occurred without the defendant's negligence.

Loss of Chance

Holding a defendant liable for the percentage of damages corresponding to the increased risk of harm caused by their negligent acts, known as the "loss of chance" theory of actual causation.

Proximate Causation

Refers to the foreseeability of harm caused by the defendant's negligence, holding them responsible for harms they could have anticipated and failed to prevent.

Intervening Conduct

Involves third-party actions that may impact proximate causation, allowing liability for foreseeable downstream harm caused by the plaintiff's negligence.

Statute

Violation of a statute can aid in proving proximate cause if the statute's purpose aligns with preventing the harm that occurred, otherwise, it may not be relevant.

Direct Victim

A person directly harmed physically and emotionally by the defendant's negligence can seek recovery for both types of injuries.

Purely Consequential Economic Loss

Denies recovery for financial injuries that are too remote or indirect, unless specific duties exist, such as intentional torts, special relationships, or being in the zone of risk of the defendant's activities.

Inherently Dangerous Sport

Plaintiff assumes risk of ordinary contact in risky sport; defendant liable if intentionally injures or engages in reckless conduct.

Contrary to Public Policy Exception

Defendant's duty non-waivable if agreement invalid due to public policy; applies to residential leases, car inspections, common carriers.

Comparative Negligence (Majority Rule)

Plaintiff's recovery against defendant may be reduced by plaintiff's fault; prevalent approach in jurisdictions today.

Assault

Defendant intends harmful/offensive contact or apprehension of contact; must cause genuine imminent apprehension of contact.

False Imprisonment

Defendant intends to confine, person is confined and aware; fact-driven, can occur without physical barriers, requires reasonable care by plaintiff.

Defense to False Imprisonment

Defendant must show reasonable restraint for a reasonable time; must have reason to believe plaintiff warranted restraint.

Intentional Infliction of Emotional Distress (IIED)

D liable for severe emotional distress caused by extreme and outrageous conduct; applies if intentional or reckless, leading to severe emotional distress and physical harm.