Torts Outline

Two types of intent in intentional torts

1) Purposeful act to cause tortious action, 2) Substantial certainty that actor's conduct will result in tortious action.

What is the difference between single and dual intent?

Single intent refers to the intent to touch, while dual intent refers to the intent to touch AND harm.

What constitutes battery in tort law?

Battery is harmful or offensive contact with another person.

What is the focus of subjective intent in battery cases?

Subjective intent focuses on the defendant's state of mind to determine if they intended to cause harm, regardless of whether the result was foreseen.

Define harmful contact in the context of battery.

Harmful contact is any physical impairment of a person's body or physical pain or illness.

What is considered offensive contact in battery?

Offensive contact is contact that offends a reasonable sense of personal dignity or the unusually sensitive sense of personal dignity of another.

What is assault in tort law?

Assault is the intent to put someone in reasonable apprehension of imminent harmful or offensive contact.

What is required for intent in assault cases?

The actor must intend to cause apprehension of contact itself.

What does 'transferred intent' mean in tort law?

Transferred intent means that the intent to commit an intentional tort transfers across people and torts.

What is trespass in property law?

Trespass is intentionally causing the physical invasion of another's land.

What is required for intent in trespass cases?

Intent is only required to enter the land; the defendant does not need to intend for the trespass to be wrongful.

What is trespass to chattel?

Trespass to chattel is the intentional interference with a person's right to tangible personal property.

What distinguishes conversion from trespass to chattel?

Conversion is a more serious interference that deprives the owner of the use of their property, requiring the defendant to pay full value.

What are the types of conversion?

1) Writ of trespass de bonis asportatis, 2) Writ of detinue, 3) Trover.

What is the standard for damages in conversion cases?

The full value of the chattel at the time of conversion.

What is the significance of a mistake in trespass cases?

Mistakes regarding ownership or consent do not provide a defense against trespass.

What is the legal principle regarding thieves and title?

A thief can transfer no better title than they possess, which is none.

What is an exception for bona fide purchasers in property law?

In limited circumstances, a bona fide purchaser may acquire good title if the thief has enough indicia of ownership.

What is the rule regarding innocent purchasers of stolen property?

An innocent purchaser generally does not receive good title and loses to the true owner, except for cash transactions.

What is the legal definition of proximate cause?

Proximate cause refers to the primary cause that is legally sufficient to result in liability.

What is the prima facie case in tort law?

The prima facie case requires the plaintiff to allege and prove certain elements that the defendant can deny or raise alternative defenses against.

What is the role of a judge regarding matters of fact and law?

A judge sorts legal issues and determines liability, while a jury disputes factual issues.

What does the term 'imminent' refer to in the context of assault?

Imminent refers to the necessity for the harm to be immediate; future harm is not sufficient.

What is the significance of awareness in assault cases?

Awareness of the threat is required, but fear is not necessary.

What constitutes a voluntary act in trespass?

A voluntary act in trespass includes entering land without permission or causing someone else to enter.

What is the standard for determining harmful contact?

Harmful contact is determined by any physical impairment or pain caused to the victim.

What is the test for intent in tort law?

The test for intent focuses on the actor's desire to cause consequences, as defined in the 2nd Restatement §8A.

What constitutes false imprisonment?

Acts with intent to confine another within fixed boundaries, resulting in confinement that the plaintiff is aware of or harmed by.

What are the forms of confinement in false imprisonment?

Physical means (barriers), forceful pushing, threat of force, or duress.

What must be true for confinement to be considered complete?

There must be no reasonable means of escape, and the confined individual must be aware of the confinement.

What is the intent required for false imprisonment?

The purpose of confining or knowing that confinement is substantially certain to result.

What is a citizen's arrest?

Actions taken by an individual to detain another, requiring probable cause and limited use of force.

What are the elements of intentional infliction of emotional distress (IIED)?

1) Intentional or reckless action, 2) extreme or outrageous conduct, 3) causing severe emotional distress.

What defines extreme or outrageous conduct in IIED?

Conduct that exceeds the bounds of human decency and is intolerable in society.

What is the standard for emotional pain in IIED cases?

An objective standard that considers what a reasonable person would tolerate.

What is general consent in tort law?

Willingness for conduct to occur, which may be shown through action or inaction.

What are the types of consent?

Express consent, implied in fact, and implied in law.

When is consent invalidated?

When induced by fraud, duress, or if the plaintiff is intoxicated.

What is the shopkeeper's privilege?

The right to detain a suspected shoplifter for a reasonable time and manner for investigation.

What is the primary principle of negligence?

Failure to exercise reasonable care, breaching a duty that causes damages.

What is the duty of care in negligence?

A duty to act with reasonable care toward foreseeable plaintiffs in conduct that risks physical harm.

What is nonfeasance in tort law?

No liability for failing to act, even if that failure causes harm.

What are exceptions to the nonfeasance rule?

Creating a danger, beginning a rescue, or having a special relationship with the victim.

What is the Hand Formula in negligence analysis?

A formula that weighs the burden of taking precautions against the probability and severity of harm.

What is the attractive nuisance doctrine?

A duty owed to children who trespass if they are attracted to a dangerous condition on the property.

What is the difference between invitees and licensees in tort law?

Invitees are owed a duty to inspect and remedy dangers, while licensees are owed a duty to correct or warn of dangers.

What is the standard of care for children in negligence cases?

Children are evaluated based on similar age, intelligence, and experience under similar circumstances.

What is misfeasance?

Improper performance of a lawful act, leading to harm.

What is the liability for battery in tort law?

Liability arises if the plaintiff did not consent to the contact or did not understand the nature of the contact.

What is the defense of consent in tort cases?

Consent can be a defense if the plaintiff willingly agrees to the conduct, but it may not apply if the consent was obtained through fraud or duress.

What is the role of intoxication in consent?

Intoxication invalidates consent, making the defendant liable for any resulting harm.

What is the defense of necessity in tort law?

A defense to trespass that allows for harm to prevent a more serious injury.

What is the difference between public and private necessity?

Public necessity protects many from calamity, while private necessity protects one's own life or property.

What is the standard for assessing breach in negligence?

Determined by whether the defendant failed to exercise a reasonable standard of care owed to the plaintiff.

What is Negligence Per Se?

Negligence established when a person violates a statute intended to protect a class of people, including the plaintiff, from the type of harm that resulted.

What are exceptions to Negligence Per Se?

Compelling reason to violate statute, absence of a license not being negligence per se, ignorance of regulation, and age of the child.

What does 'Res ipsa loquitur' mean?

'The thing speaks for itself'; it allows a jury to infer negligence from circumstantial evidence.

What is 'But For' causation?

A standard of causation that states if not for the defendant's negligence, the injury would not have occurred.

What is the 'substantial factor' test?

It assesses whether the defendant's behavior was a substantial factor in causing harm, regardless of contributory negligence.

What is contributory negligence?

A legal concept where the plaintiff is also found to be negligent, affecting their ability to recover damages.

What is the traditional rule in medical malpractice cases?

If a patient has more than a 50% chance of dying and the doctor makes it worse, the doctor is liable; if less than 50%, the doctor may be liable if the chance of death is doubled.

What is the New Loss of Chance Rule?

A rule allowing recovery if a medical provider's negligence increased a patient's chance of death, even if that chance was over 50%.

What is proximate cause?

It determines whether the harm caused was a foreseeable result of the defendant's negligent conduct.

What is the scope of risk in negligence cases?

An actor's liability is limited to physical harms resulting from the risks that made their conduct tortious.

What is the Hand formula?

B v. R + P

What does foreseeability mean in negligence law?

The ability to anticipate the potential harm that could result from negligent conduct.

What is the significance of intervening acts in negligence cases?

Intervening acts can break the chain of causation, affecting liability based on whether they were foreseeable or coincidental.

What was the outcome in Hardy v. Southwestern Bell?

The court ruled there was no loss-of-chance liability because the defendant was not a medical provider and the duty was not related to preventing death.

What is informed consent causation?

It assesses whether a reasonable person in the plaintiff's position would have consented had they been properly informed.

What is the standard of proof for negligence in medical malpractice?

Must show greater than 50% chance that the negligence caused harm.

What damages are recoverable under the New Loss of Chance Rule?

Only the percentage of chance lost, not full wrongful-death damages.

What is the liability of multiple tortfeasors?

Each tortfeasor's conduct can be sufficient to cause a single, indivisible harm, leading to joint and several liability.

What is the significance of the case Doughty v. Turner?

No liability was found because the eruption hazard was not reasonably foreseeable based on existing knowledge.

What was the ruling in Colonial Inn Motor Lodge v. Gay?

Liability was established because the explosion was a foreseeable consequence of the gas leak.

What was the outcome in DiPonzio v. Riordan?

No liability was found because the injury was not related to the initial negligent act of not enforcing a policy.

What is the Rat Flambé Problem?

It examines whether the type of harm (explosion from flammable fumes) was foreseeable despite the bizarre mechanism.

What does the term 'coincidental intervention' refer to?

An intervening tort that is unrelated to the initial negligent act, which can absolve the defendant of liability.

What is 'foreseeable intervention' in negligence law?

Interventions that are predictable and related to the initial negligent act, which can maintain liability.

What is the definition of liability in the context of negligence?

Liability refers to the legal responsibility of a defendant for harm caused to a plaintiff due to negligent actions.

What case illustrates the concept of a negligent actor being liable for additional harm?

The case where the plaintiff died after an ambulance driver suffered a heart attack and crashed.

What is the difference between a coincidental event and a causal link in negligence?

A coincidental event is an external, random occurrence that may not be directly linked to the defendant's actions, while a causal link establishes a direct connection between the defendant's negligence and the plaintiff's injury.

What is 'pure economic loss' in negligence law?

Pure economic loss occurs when a loss incurred from negligence results solely in economic damages, without any physical injury.

What are the exceptions to recovering for pure economic loss?

Exceptions include foreseeability of reliance on a contract or property and the existence of a special relationship.

What does emotional distress refer to in negligence cases?

Emotional distress refers to significant fear or grief experienced by a plaintiff who was not physically injured.

Under what conditions can a defendant be liable for emotional distress according to §46?

A defendant can be liable if their negligent conduct causes serious emotional disturbance to another person who is in the zone of danger or involved in specified activities.

What is the 'zone of danger' in negligence law?

The zone of danger is the area where a person is placed in immediate danger of bodily harm, and emotional distress results from that danger.

What is the 'impact rule' in relation to emotional distress claims?

The impact rule requires physical contact to establish a claim for emotional distress.

What is 'joint and several liability'?

Joint and several liability means that multiple defendants can be held responsible for the entire harm caused, allowing the plaintiff to sue any one of them for full damages.

What is the 'Fishermen Exception' in negligence law?

The Fishermen Exception allows fishermen to recover lost income when their boats are negligently disabled, as they have part ownership.

What is 'market share liability'?

Market share liability allocates liability based on a manufacturer's share of the market for a defective product, even if they did not make the specific item causing harm.

What is the significance of the Palsgraf case in negligence law?

The Palsgraf case highlights the debate over duty based on foresight versus proximate cause, determining how far a defendant's liability extends.

What is the 'Rescue Exception' in negligence law?

The Rescue Exception holds that if a defendant's negligence creates a peril leading to a rescue attempt, the defendant is liable for injuries to the rescuer.

What is the difference between contributory negligence and comparative negligence?

Contributory negligence bars recovery if the plaintiff is found to be negligent, while comparative negligence allows for recovery reduced by the plaintiff's share of fault.

What does 'alternative liability' mean?

Alternative liability holds that if multiple parties acted negligently, each can be liable for the entire damage unless they prove they did not cause the injury.

What is the role of foreseeability in determining duty of care?

Foreseeability assesses whether a defendant could reasonably predict that their actions would cause harm to a specific plaintiff.

What is the 'burden of proof' in joint and several liability cases?

In joint and several liability cases, the burden of proof lies with the defendants to show they did not cause the injury.

What is the 'administrative functional rule' in negligence cases?

The administrative functional rule considers what is best regarding moral, economic, social, and administrative factors in determining liability.

What is the 'trivial' aspect in negligence claims?

The trivial aspect refers to cases where the injuries or claims are deemed too minor to warrant legal action.

What is the significance of the 'floodgate' argument in negligence law?

The floodgate argument suggests that allowing too many plaintiffs to sue could overwhelm the legal system.

What is the 'NJ Exception' in relation to pure economic loss?

The NJ Exception allows a defendant to be liable for damages planned out in advance, even if they result in pure economic loss.