Super Fun and Special Torts Outline

These flashcards cover key concepts and legal principles related to intentional torts, negligence, and defenses in tort law, as outlined in the provided lecture notes.

What are the three elements of battery?

1. Intentional 2. Harmful or offensive contact 3. Contact with the victim.

What test satisfies the intent requirement in tort law?

The Substantial Certainty Test.

What does assault protect?

It protects the plaintiff’s emotional interest in being free from reasonable fear of imminent bodily harm.

What are the four elements of false imprisonment?

1. Intentional 2. Unlawful 3. Confinement 4. Victim is aware.

What is the exception to false imprisonment for shopkeepers?

Shopkeeper’s privilege.

What are the three elements of Intentional Infliction of Emotional Distress (IIED)?

1. Outrageous conduct 2. Intentional or reckless 3. Causes severe emotional distress.

What are the elements of trespass to land?

1. Intentional 2. Unlawful 3. Physical entry 4. Onto land in another’s possession.

What is required for a trespass to chattels to be actionable?

Interference with the victim’s superior possessory interest that causes damage.

What are the elements of self-defense in tort law?

1. Necessity 2. Proportionality.

What does the term 'shopkeeper’s privilege' refer to?

The right to detain a suspected shoplifter for investigation or law enforcement.

According to Restatement (Third), what defines negligence?

Negligence is the failure to exercise ordinary care under all circumstances.

What is strict liability?

Strict liability imposes responsibility without fault; the defendant acts at their peril.

What is the primary factor for determining abnormally dangerous activities?

High risk of harm.

What is the primary rule regarding causation in tort law?

'But For' Test – Would the harm have occurred but for the defendant’s negligence?

What is the difference between contributory negligence and comparative negligence?

Contributory negligence is a complete bar to recovery due to plaintiff's fault, while comparative negligence reduces recovery based on shared fault.

What does the Eggshell Plaintiff rule state?

The defendant is liable for the full extent of harm caused, even if it’s unforeseeable, once any injury is established.

What are the two types of assumption of risk?

Primary assumption of risk (no duty owed by defendant) and secondary assumption of risk (duty exists, but plaintiff knowingly accepts risk).

What must be proven for a claim of Negligent Infliction of Emotional Distress (NIED) under the Zone of Danger test?

The plaintiff must show they were within the immediate risk of physical harm and suffered physical consequences from emotional shock.

What key case allowed recovery for emotional distress without physical injury?

Falzone v. Busch.

What is the general rule for pure economic loss in tort law?

No recovery without physical injury or property damage.

What is the purpose of the Protection of Lawful Commerce in Arms Act?

To shield gun manufacturers from liability for third-party misuse.

What are the three essential elements of battery in tort law?

1. 
   

Intentional: The defendant must act with the intent to cause harmful or offensive contact with the plaintiff, or with the knowledge that such contact is substantially certain to occur. Intent to injure is not required; intent to touch is sufficient if the touching is harmful or offensive.

2. 
   

Harmful or offensive contact: The contact must be objectively harmful (e.g., physical injury) or offensive (i.e., a reasonable person would consider the contact offensive or unwarranted under the circumstances).

3. 
   

Contact with the victim (or something closely associated with their person): This includes both direct physical contact and indirect contact (e.g., throwing an object that strikes the plaintiff, or touching something intimately connected to their person, such as their clothing or a cane they are holding).

What test satisfies the intent requirement in tort law?

The Substantial Certainty Test.

What does assault protect?

It protects the plaintiff’s emotional interest in being free from reasonable fear of imminent bodily harm.

What are the four elements of false imprisonment?

1. Intentional 2. Unlawful 3. Confinement 4. Victim is aware.

What is the exception to false imprisonment for shopkeepers?

Shopkeeper’s privilege.

What are the three elements of Intentional Infliction of Emotional Distress (IIED)?

1. Outrageous conduct 2. Intentional or reckless 3. Causes severe emotional distress.

What are the elements of trespass to land?

1. Intentional 2. Unlawful 3. Physical entry 4. Onto land in another’s possession.

What is required for a trespass to chattels to be actionable?

Interference with the victim’s superior possessory interest that causes damage.

What are the elements of self-defense in tort law?

1. Necessity 2. Proportionality.

What does the term 'shopkeeper’s privilege' refer to?

The right to detain a suspected shoplifter for investigation or law enforcement.

According to Restatement (Third), what defines negligence?

Negligence is the failure to exercise ordinary care under all circumstances.

What are the four essential elements of a negligence claim?

The plaintiff must prove all four elements:

1. Duty: The defendant owed a legal duty to the plaintiff.

2. Breach: The defendant failed to meet that duty by acting (or failing to act) below the required standard of care.

3. Causation: The defendant's breach caused the plaintiff's injuries, including both factual (cause-in-fact) and proximate (legal) causation.

4. Damages: The plaintiff suffered actual harm or injury.

In tort law, what is meant by 'duty' in the context of negligence?

A legal obligation requiring an individual to conform to a certain standard of conduct to protect others against an unreasonable risk of harm. Generally, all persons owe a duty to act as a reasonably prudent person under the same or similar circumstances.

How is 'breach of duty' established in a negligence claim?

A defendant breaches their duty when their conduct falls below the standard of care required to protect others from unreasonable risks. This is objectively measured by comparing the defendant's actions to those of a reasonably prudent person in similar circumstances.

What is the primary rule regarding factual causation in tort law?

'But For' Test – Would the harm have occurred but for the defendant’s negligence? If the harm would not have occurred without the defendant's act, then factual causation is established.

Beyond factual causation, what other type of causation must be proven in a negligence claim?

Proximate Cause (or legal cause), which limits the defendant's liability to harms that are a reasonably foreseeable consequence of their negligent act. Even if an act is a biological or 'but for' cause of harm, if the harm was too attenuated or unforeseeable, there may be no proximate cause.

What types of 'damages' are typically recoverable in a negligence action?

Damages aim to compensate the plaintiff for their losses. These can include:

• Economic (Special) damages: Quantifiable monetary losses such as medical expenses (past and future), lost wages (past and future), and property damage.

• Non-economic (General) damages: Non-monetary losses such as pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.

What is strict liability?

Strict liability imposes responsibility for harm without needing to prove fault (e.g., intent or negligence); the defendant acts at their peril and is liable for certain results regardless of the care taken.

What is the primary factor for determining abnormally dangerous activities for strict liability?

High risk of harm that cannot be eliminated by the exercise of reasonable care, combined with an activity that is not a matter of common usage.

What is the difference between contributory negligence and comparative negligence?

In jurisdictions with contributory negligence, any fault by the plaintiff that contributes to their injury is a complete bar to recovery. In jurisdictions with comparative negligence, the plaintiff's recovery is reduced in proportion to their share of fault, rather than being completely barred. Most states follow comparative negligence.

What does the Eggshell Plaintiff rule state?

Also known as the "thin-skull" rule, it states that the defendant is liable for the full extent of harm caused, even if the plaintiff's pre-existing sensitivities or conditions made the injury more severe or unforeseeable, once any injury is established.

What are the two main types of assumption of risk?

1. Primary assumption of risk: Occurs when the defendant owes no duty of care to the plaintiff regarding a particular risk because the plaintiff knowingly and voluntarily encountered an inherent risk (e.g., risks in certain sports).

2. Secondary assumption of risk: Occurs when the defendant has breached a duty, but the plaintiff proceeds to encounter a known risk created by the defendant's negligence. This is often treated as a form of comparative negligence.

Under the Zone of Danger test for Negligent Infliction of Emotional Distress (NIED), what must be proven?

The plaintiff must show they were within the immediate risk of physical harm (the "zone of danger") created by the defendant's negligence, and that they suffered physical consequences from the emotional shock caused by observing or fearing this imminent harm.

What was the significance of the Falzone v. Busch case in relation to Negligent Infliction of Emotional Distress (NIED)?

The New Jersey Supreme Court in Falzone v. Busch allowed recovery for emotional distress without requiring a direct physical impact or injury, provided the plaintiff was within the "zone of danger" created by the defendant's negligence and subsequently suffered physical manifestations of emotional harm. It significantly expanded the scope of NIED claims by moving away from the strict "impact rule."

What is the general rule for pure economic loss in tort law?

Generally, there is no recovery for purely economic loss (financial loss not connected to physical injury or property damage) in negligence claims, unless a special relationship or specific contractual duty exists.

What is the purpose of the Protection of Lawful Commerce in Arms Act (PLCAA)?

The PLCAA is a federal law enacted to shield gun manufacturers, distributors, and dealers from civil liability when their legal products are misused by third parties to commit crimes. It provides broad immunity with limited exceptions.

What was the 'impact rule' relevant to Negligent Infliction of Emotional Distress (NIED) before cases like Falzone v. Busch?

The 'impact rule' required that a plaintiff seeking to recover for emotional distress in a negligence claim must have suffered some form of physical impact, however slight, from the defendant's negligent act to establish a claim for NIED. Falzone v. Busch significantly moved away from this strict requirement.