Term
| Elements of Intentional Torts |
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Definition
-D must have made a voluntary act
-D must have intended the consequences of that act (actual desire or substantial certainty - negligent behavior is not enough)
-Motive is NOT relevant
-CAUSATION: D's act must've caused or been a substantial factor in causing the result
-Actual damages not needed - nominal damages can be awarded, and punitive damages if D's conduct was willful, wanton and malicious
-D is liable for ALL harm caused even if it wasn't foreseeable |
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Term
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Definition
Person-to-person: if intent can be proven as to one P, it's proven as to all Ps
Tort-to-tort: if intent is proven for one intentional tort, it may be proven for another |
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Term
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Definition
P's reasonable apprehension (expectation of);
imminent harmful or offensive contac;
PLUS D's intent and causation
Words alone are not sufficient - there must be some physical act (unless P is blind or act occurs in a 100% dark room)
-P MUST be aware of D's act
-P must prove that a reasonable person would've been put in apprehension
-Extra sensitive P not considered unless D knew of that |
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Term
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Definition
D's harmful or offensive contact with P plus intent and causation
-Intent to commit assault will satisfy intent when contact is made accidentally
-P doesn't need to be aware of the contact for it to be battery |
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Term
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Definition
-D's act must confine or restrain P to a bounded area (no reasonable exit) and P must be aware of it
-D's act must be voluntary and with the intent to confine or restrain
-Includes physical barriers like locking a door, physical force, and threats of immediate physical force
-Transferred intent applies (if X means to imprison Y, but imprisons Z instead) |
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Term
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Definition
D's intentional or reckless, extremely outrageous behavior which causes P's severe emotional distress
Words alone MAY prove the tort
P's special sensitivity isn't considered unless D knew of it |
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Term
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Definition
D's voluntary and intentional physical invasion of P's land
*includes airspace to a reasonable height
*DEFENSE OF NECESSITY: committed tort to avoid a greater harm (then consider public or private) |
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Term
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Definition
Intentional destruction or wrongful possession for a significant period of time of another's personal property
*Good faith reasonable belief that the chattel belongs to D is NOT a defense!! |
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Term
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Definition
| Involves less harm or shorter wrongful possession of another's personal property - requires actual damages, usually reduction in value |
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Definition
Defense to trespass to land, chattel and conversion
PUBLIC NECESSITY: if D's acts avoided a greater injury to the public, no liability - NOT an excuse for private necessity |
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Term
| FRAUDULENT MISREPRESENTATION |
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Definition
| Misrepresentation of material fact |
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Term
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Definition
Duty
Breach
Actual cause
Proximate cause |
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Term
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Definition
Undiscovered: no duty
Known: no duty if injured by natural or non-dangerous artificial condition; duty to warn or make safe if injured by dangerous artificial condition
Child trespasser: duty of reasonable care if dangerous, artificial condition, or knew/should've known kids were likely to come by the artificial condition |
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Term
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Definition
Licensee = social guest
Duty of reasonable care - to warn or make safe of any concealed dangerous conditions |
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Definition
On D's property for D's $ benefit
Duty of reasonable care - to make safe and warn of dangerous conditions |
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Term
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Definition
P may rely on D's mere violation of a statute
-Violation was without excuse
-Type of harm must be type statute was aimed at preventing
-P must be member of protected class |
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Term
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Definition
Harm suffered by P must have been reasonably foreseeable to D at time of D's negligent act - but extent of harm need not be foreseeable 9- eggshell P
INTERVENING CAUSES: 3rd-person conduct or an event which occurs subsequent to D's tort and causes additional harm to P - if intervening cause is foreseeable, D is liable for add'l harm |
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Term
| Products Liability & Negligence |
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Definition
P must be reasonably foreseeable victim - privity NOT needed
-Could be manufacturer, seller or component part maker |
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Term
| Products Liability & Strict Liability |
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Definition
No-fault liability for injury caused by product which is DEFECTIVE and UNREASONABLY DANGEROUS
P must prove defect in design, manufacture, warning or instruction (not necessarily b/c of negligence)
FORESEEABLE UNINTENDED USE IS NOT A DEFENSE (a car whose roof collapses when it flips upside down) |
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Term
| Defenses to Products Liability & Strict Liability |
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Definition
Assumption of Risk
Comparative negligence - sometimes |
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Term
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Definition
| Substantial and unreasonable interference with P's use and enjoyment of property |
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Term
| Joint and Several Liability |
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Definition
If A and B are jointly and severally liable to P, P can collect all damages from one of them, or part from each
A can recover from B if P makes A pay it all |
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Term
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Definition
D creates foreseeable risk of physical injury to P
DOESN'T REQUIRE that P suffer severe emotional distress or act in reckless disregard that such distress could occur
-E.g., mishandling of a relative's corpse or failing to deliver a death notice in a timely manner |
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