FAT BITCH

False Imprisonment

Assault

Tresspass to Land

Battery

Intentional Infliction of Emotional Distress

Tresspass to Chattels

Conversion

CIA

Act (deliberate) 

Intent (specific or general)

Causation (conduct of defendant is a substantial factor in causing result)

LIMITATIONS ON TRANSFERRED INTENT 

BFATT

Battery 

False Imprisonment

Assault

Tresspass to Chattels/Land

TRANSFERRED INTENT

Intent to commit a tort against one person is transferred to other tort or to the injured person. 

• act: act which brings harmful/offensive contact to P's person, as judged by a reasonable person
• intent: to bring about harmful/offensive contact
• causation: D set a motion in force that brought about harmful/offensive contact

• act: action by D creating reasonable expectation (knowledge and belief) that immediate harmful/offensive contact will occur.  
• intent: to create expectation of harm/offensive contact of plaintiff's person.
• causation: Plaintiff's expectation caused by D's Act or set in motion by D's act.

**Immediacy: future threats do not apply

• act: Act/Ommission that confines or restrains the plaintiff to a bounded area. 
  • physical barrier/force
  • indirect threat of force reasonably implying force
  • direct threat
  • failure to provide escape
  • shopligting detention
  • false arrest
• intent: to confine or restrain 
• causation: confienement caused or set in motion by act of defendant

* Must be AWARE of confinement + BOUNDED in all directions.

* If P has reasonable means of escape which is aware of, does not apply

1. Actual Damages NOT REQUIRED
   1. Battery
   2. Assault
   3. False Imprisonment
   4. Tresspass to Land
2. Actual Damages REQUIRED
   1. IIED (SEVERE)
   2. Tresspass to Chattels
   3. Conversion (FMV of chattel @ time/place of conversion OR return of chattel) 

• act: Extreme/Outrageous Conduct (beyond bounds of decency) causing SEVERE emtoional distress OR Extreme/Outrageous condcut and reckleness to effect of D's conduct. 
• intent: intentional conduct and recless conduct
• causation: act proximate cause of emotional distress

PRK or P

• Present
• Relative of injured
• Knowledge of D that P was present 

• act: physical entry of someone/something in P's real property. 
• intent: to enter land. 
• causation: invastion of property caused by act or set in motion by act

• act: of taking or damaging chattels which interferes w/ P's right of possession. 
• intent: to do the act
• causation: intereference w/ possessory interests in chattel caused by act or set in motion by act

• act: interfering w/ P's right to possses chattel that is serious enough to warrant D pay full value of chattel 
• intent: perform the act that resulted in interference.
• causation: p's chattel interests caused by D's act or set in motion by D's act

D3-RR-PNCS

Defense of Self/Property/Others

Recapture of Chattel

Reentry to Land

Privilege of Arrest

Necessity

Consent

Discipline

• express or implied
  • by mistake
  • apparent 
  • implied by law
• capcity  
• invalid: 
  • fraud
  • duress
  • criminal act 

• Reasonable Belief
• Reasonable force necessary to prevent harm
• Invalid:
  • if initial aggressor

DEFENSE OF OTHERS AS A DEFENSE

• Reasonable belief the other has right to self defense 

• Reasonable force to PREVENT tort against property 

• NO SUCH PRIVILEGE UNDER MODERN LAW. 

• Reasonable force to regain possession if acted promptly upon discovering the dispossession

• force may be used to recapture only when in HOT PURSUIT of one who has obtained chattel wrongfully. 
  • must first demand return 
  • recovery only from wrongdoers

• Privilege to make arrest of 3rd person
  • can enter another's land
• Liable for subsequent misconduct/mistake

• When injury from a NATURAL or other force is more serious than invasion undertaken. 
  • public: for public good
  • private: to benefit limited number, actor must pay for any injury caused 
  • if benefiting owner of land, absolute defense

• parents/teachers can use reasonable force to punish/discipline children as long as reasonable w/ respect to age/sex of child and seriousness of behavior

defamatory statement recorded by writing/permanent form. 

Spoken defamation. 

for public figures/officials, must show malice. 

1. knowldge statement was false OR
2. reckless disregard as to truth/falsity

Consent

Truth 

Absolute Privilege

Qualified Privilege

INVASION OF RIGHT TO PRIVACY

(4 types) 

1. use of P's picture/name for commercial advantage
2. intrusion into P's affairs/seclusion
3. publication of facts placing P in false light
4. public disclosure of private facts

INTENTIONAL MISREPRESENTATION

(FRAUD or DECEIT)

1. misrep by D
2. knowledge of falsity/reckless disregard to truth
3. intent to induce reliance
4. actual reliance on mis rep
5. justifiable reliance
6. damages

1. Misrep in a business/professional capacity 
2. breach of duty to P
3. Causation
4. Justifiable reliance
5. Damages. 

1. Contractual relatioship or valid business expectancy
2. D's knowledge of relationship 
3. Intentional interference by D 
4. Damage to plaintiff.

NEGLIGENCE (PRIMA FACIE CASE)

1. Duty to conform to a specific standard of care
2. Breach of duty 
3. Actual and proximate cause
4. Damage to plaintiff's person/property

Duty to act as an ordinary, prudent, reasonable person is owed to forseeable plaintiffs.

P must show they were in a forseeable danger OR that there was a duty of care owed to anyone who suffered proximate to the breach of P1.

RESCUERS

Can be a P as long as they were not wanton in rescue. Exception: Firefighters/police barred from recovery b/c basis of job assumes the risk. 

THE REASONABLE PERSON STANDARD

Objective Standard. Based on person who has the same physical characterisitics as D, an average mental ability, same knowledge as an average member of the community. 

Exercise knowledge and skill of member of profession in good standing in similar communities. Specialists = national standard of care. Duty to disclose risks of treatment and make sure recieve informed consent. 

Subjective. Owes care of a child of like age, education, intelligence, and experience. Over age four: capacity for negligence. All children, capable of intentional torts. 

COMMON CARRIERS/INNKEEPERS

Liable for slight negligence.

DUTY OF CARE AUTOMOBILE DRIVER TO GUEST

Ordinary care OR to refrain from gross/wanton and willful misconduct. 

STD OF CARE IN EMERGENCIES

As a reasonable person under the same emergency. BUT, if emergency created by D, std does not apply. 

NATURAL CONDITIONS ON PREMISES

OFF PREMISES: No duty to people off the premises. 

ARTIFICIAL CONDITIONS

OFF PREMISES: No duty unless...

1. Unreasonably Dangerous Conditions which abutts adjacent land. 
2. Duty to Protect Passersbys