INTENT

ALL intentional torts require INTENT.

RULE: Desire to bring a specific result or knowledge with substantial certainty the consequences will result.

TRANSFERRED INTENT: Intent can be transferred when:

1.) Commit one tort and another tort resulted on same P.

2.) Commit same tort but resulted on diff P.

3.) Commit diff tort on diff P.

CAUSATION

(INTENTIONAL TORTS)

BATTERY

RULE: Unconsented harmful or offensive touching to P's person or anything connected to P. There must be CONTACT.

STANDARD: harmful/offensive to RPP.

Defenses: 

1.Self Defense (S)

2.Defense of Others (O)

3.Def of Property (P)

4. Consent (C) 

ASSAULT

RULE: Intentional act of placing a plaintiff in reasonable apprehension of an imminent battery. + Causation and Damages

APPREHENSION=KNOWLEDGE

DEFENSES: 

1. Self Defense

2. Defende of Others

3. Defense of Property

4. Consent

FALSE IMPRISONMENT

RULE: Act or restraint confining another within a bounded area.  P MUST be aware of the confinement or was harmed by it.

Can Confine by:

1. Physical barriers

2.     Force or threat of immediate force against P,

P’s family, or property

3.     Omissions where D has a duty to act

4.     Improper assertion of legal authority (ex: false arrest)

DEFENSES: S/O/P/C/reasonable Mistake (M)

PRIVILEGE: Shopekeeper- must have 

1. Reasonable grounds for detention

2. Detention itself was done in a reasonable manner and time.

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

(IIED)

RULE: Is (1) extreme or outrageous conduct (2) intentionally or recklessly caused (3) that in fact causes extreme emotional distress. 

Only int tort that doesn't require intent but does require damages.

3rd Party/Bystander: may recover if:

1. Close Fam member of victim & D knows 3rd party's presence OR

2. If NOT Fam, 3rd party suffered physical harm.

EXTREME and OUTRAGEOUS CONDUCT

RULE: Outrageous: exceeds all bounds of decency.

NOT OUTRAGEOUS:

Insults alone.

Personal weakness/sensitivity UNLESS D knew of it.

Plus Factors:

1. Repetitive and continuous conduct.

2. Extreme abuse of power relationship

3. Member of fragile class, i.e. 

young children, elderly and pregnant women

TRESPASS TO LAND

RULE: Unconsented physical entry to another's land.

Intent to enter and not intent to trespass.

Defenses: C

Necessity: Public- not liable for damages

Private: liable for actual damages

Accidental

not Mistake

TRESPASS TO CHATTEL

(SMALL HARM/MINOR INTERFERENCE)

RULE: An intentional, unconsented and minor interference with a plaintiff’s property. D liable for cost of repair.

INTERFERENCE: Physical damage or Dispossesion.

Defenses:

S/O/P/C/N

Not M

CONVERSION

(BIG HARM/MAJOR INTERFERENCE)

RULE: An intentional, unconsented and extreme interference with a plaintiff’s property. D is liable for FMV at time of interference.

INTERFERENCE: Physical damage or Dispossesion.

Defenses: 

DEFENSES TO INTENTIONAL TORT

CONSENT: No consent on criminal acts.

Expressed or Implied (RPP standard)

Capacity to consent required.

Can exceed scope and if it does can be liable.

PRIVILEGE: Must act while threat is in progress.

Self Defense: proportional fore- can use deadly force if threat is SBI or death. Mistake of danger allowed.

Defense of Others: Reasonable belief other person needs defending. Mistake the other needs defending allowed  

Defense to Property: never deadly force and mistake not allowed.

Recover Chattel: no mistake allowed.

Necessity: Public/Private

NEGLIGENCE: VICARIOUS LIABILITY

RULE: Liable for 3r party actions b/c of relationship.

Doctrine of last resort. VL D has the right of full indemnification.

1. ER/EE: Respondeat Superior- ER liable for detour but not frolic.  Liable only if act committed w/in scope of employment.

2. Independent Contractor:  NO VL

UNLESS: abnormally dangerous and non-delegable activity.

3. Parents/Children: NO VL

NEGLIGENCE

NEGLIGENCE

DUTY

RULE: Duty determines the level of care a defendant must exercise. Everyone owes a general duty to avoid harming foreseeable plaintiffs.

In certain circumstances, an individual owes a higher duty of care. Under the Cardozo majority test, the duty is owed to those in the “zone of danger,” meaning, those in the vicinity who may be harmed by the action. Under the Andrews minority test, the duty is owed to all foreseeable plaintiffs. 

NEGLIGENCE 

DUTY: STANDARD OF CARE

RULE: How D must exercise his/her duty. 

The court determines the appropriate standard of care. While the standard of care might be adjusted based on such things as physical conditions or professional occupations, the court does not consider mental or emotional individual characteristics in setting the standard of care. 

Professionals: RPP within profession .

Children: younger than 4 not neg. RPP of child of like age, experience & intelligence UNLESS adult activity.

NEGLIGENCE

DUTY: STANDARD OF CARE: PREMISES LIABILITY

RULE: Landowner and Occupiers Duties to:

1. Undiscovered Trespasser:  no duty of care, will ALWAYS lose.

2. Discovered Trespasser: no duty to natural condition, duty to protect arises with artificial and dangerous condition only.

3. Licensee (Social Guests): duty to protect from known and concealed conditions.

4. Invitees: duty to protect from known concealed conditions and those discoverable through reasonable inspection.

6. Lessor: duty to warn known hidden defects.  Can still be liable even if warn if place is open to public.

NEGLIGENCE

DUTY: STANDARD OF CARE: PREMISES LIABILITY: SPECIAL RELATIONSHIP

RULE: Heightened duty b/c pre-existing relationship, inc. duty to rescue.

May also be liable for intentional torts. Required minimum standards.

1. Innkeepers

2. Common Carrier

3. Family

Automobile/Guest: C/L: Owed licensee , if paying, then invitee duty.

NEGLIGENCE

DUTY: STANDARD OF CARE: PREMISES LIABILITY: ATTRACTIVE NUISANCE

RULE:  Landowner/Occupier owes duty to child trespasser:

1.) With RPP standard for any artificial conditions,

2.) Owner knew children likely to trespass,

3.) Knows unreasonable risk of harm to child,

4.) Maintaining conditions slight compared to risks.

NEGLIGENCE THEORIES

RES IPSA LOQUITOR: Doesn't happen absent negligence and D was in in exclusive control.

NEG PER SE: STATUTORY

 Substitute the standard of care with the words of a statute. Where D violated the statute, that is sufficient to prove breach of duty.

The P must still prove the three other elements of negligence, actual causation, proximate causation, and damages.

P must prove:

(1) her harm was the type of harm the statute was designed to protect and (2) she was in the class of persons the statute was designed to protect. 

EXCEPT: 

(1) Obeying statute more dangerous than violating it.

(2) Compliance impossible under the circumstances

NEGLIGENCE

BREACH

RULE: Determines whether the defendant met the standard of care.  If D's conduct falls below the standard of care, then D breached his duty.

NEGLIGENCE

ACTUAL CAUSE

RULE: Causation is satisfied if the defendant’s act was the “but-for” cause of the plaintiff’s harm.

Where more than one thing contributes, the causation is satisfied if the defendant’s act was a “substantial factor.” 

If multiple D's: Merged Causes: J/S Liable= P can sue one and get all of it.

Unascertainable Cause:

NEGLIGENCE

PROXIMATE CAUSE

RULE: Determines whether it was foreseeable that the harm would occur and whether it would be fair to hold D liable.

Direct: Uninterrupted Chain of events.

Indirect: Criminal acts of third parties are “superseding intervening causes,” meaning that they break the chain of causation.

Ex where P wins: Intervening Medical Malpractice

Intervening Negligent Rescue

Intervening Reaction of Protection Forces

Subsequent Accident or Disease

NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS

(NIED)

RULE: Where a D negligently or unreasonably or violated a statute, inflicts emotional distress which causes physical damage .

P usually recovers in:

1. Near Miss fact pattern.

2. Bystander fact  pattern

3. Relationship Cases, ie doctor/patient

NEGLIGENCE: DAMAGES

RULE: P must be injured. Must be foreseeable, certain, unavoidable, and caused directly by the defendant’s action. 

Duty to mitigate/collateral source does not bar recovery.

MULTI D's: Joint and Several Liability for entire amount, can sue later for contribution and indemnification.

NEGLIGENCE: DEFENSES

RULE: If negligence is found, D may assert defenses.

1. Contributory Neg.- mostly abolished. However, if the jurisdiction retains it, the defendant argues that the plaintiff should receive no recovery because his [sic] negligence contributed to the harm. UNLESS, D had last clear chance to avoid but did not.

2. Comparative Neg.

PURE: reduces the plaintiff’s recovery by the percentage of her negligence. 

MODIFIED: only allows the plaintiff to collect if her negligence was less than the defendant’s. 

3. Assumption of Risk- assumes risk where he subjected/knowingly exposes himself to a known risk. NO RECOVERY.

DEFAMATION

RULE: Defamatory statement of or concerning an alive P published to a 3rd party that results in damage.

DAMAGES: 

Libel: Written/tv/radio- Presumed Damages.

Slander: Spoken 

Slander Per Se: (Biz/Crime/Chastity/Disease) Presumed Damages.

Non-Slander Per Se: Must show damages and show sort of $$ Loss.

DEFAMATION: 1st AMENDMENT

RULE: Arises whenever D's statement deals with PUBLIC CONCERN matters.

PUBLIC FIGURE/PUBLIC CONCERN, IF YES:P must prove:

1. FALSITY: prove falsity- truth is a defense.

2. FAULT: must show fault,

Private: Negligence enough, can recover punitive if malice

Public:actual malice - knowledge of falsity or reckless disregard for truth.

DEFAMATION: DEFENSES

1. Consent

2. Truth: BoP shifts to D.

3. Privileges

ABSOLUTE:

Spouse

 Gov. Officials in Official Capacity

Media ("Newsworthy")

QUALIFIED:

References/Recommendations

Statements made to Police

PRIVACY

Usually if DEFAMATION- there is PRIVACY issue.

4 TYPES:

1. APPROPRIATION: D uses P's name or image for a commercial advantage.

2. INTRUSION:  Highly offensive invasion of P's physical seclusion (personal life)- RPP standard.

3. FALSE LIGHT:  Highly offensive widespread dissemination of a material falsehood of P- RPP standard.

4. DISCLOSURE: Highly offensive widespread dissemination of P's confidential information. RPP standard

EXCP: Newsworthy and Dual Life Fact Pattern

PRIVACY DEFENSES

1. CONSENT

2. PRIVILEGES: 

Apply ONLY to FALSE LIGHT/DISCLOSURE.

NUISANCE

RULE: Is an unreasonable interference with a person's ability to use and enjoy his own land. No physical intrusion required.

2 TYPES:

PUBLIC: unreasonable interference w/ health, safety, or property right of community.  P MUST suffer damages.

PRIVATE:unreasonable interference  w/ another's use and enjoyment  of property. RPP standard- average person.

DEFENSES: coming to nuisance-not compl. defense- just a factor.

DAMAGES: cost to abate nuisance, injunctions.

STRICT LIABILITY

FAULT NOT REQUIRED.

Applicable in 3 scenarios:

(1) Injuries caused by animals.

(2) Abnormally Dangerous Activities

(3) Products Liability

STRICT LIABILITY:

INJURIES CAUSED BY ANIMALS

(1) DOMESTIC ANIMALS: Only SL if owner know of animal's vicious propensities and decide to keep it. Not liable for trespasser.

(2) WILD ANIMALS: SL even if no knowledge of vicious propensity.  "NO FREE BITES".  Safety precautions are disregarded.

STRICT LIABILITY: 

ABNORMALLY DANGEROUS ACTVITIES

SL if:

(1) Still dangerous even after reasonable care. (creates a foreseeable risk of harm even when reasonable care is exercised.)

(2) The activity is not a matter of common usage in the community.

Safety precautions irrelevant.

STRICT LIABILITY:

PRODUCTS LIABILITY APPLICATION

When an individual gets hurt by a product, that individual might have multiple causes of action. Discuss Negligence, , Warranties, Misrep  and SL.  

You HAVE to read the question.

RULE:

(1) Commercial seller who places (2) defective product in the market is SL for injuries to persons/property (3) caused by foreseeable uses of product.

STRICT LIABILITY:

COMMERCIAL SELLER (MERCHANTS)

RULE: Someone who routinely deals in goods of this type.

Individuals who lease goods. Every merchant in the distribution chain CAN be liable.

NOT MERCHANTS:

(1) Casual Seller

(2) Service Providers (doctor's office)

STRICT LIABILITY: 

FORESEEABLE USES OF PRODUCT

STRICT LIABILITY:

DAMAGES AND DEFENSES

DAMAGES: Duty to Mitigate

DEFENSES:

Assumption of Risk- UNLESS P didnt know was assuming risk.

NOT DEFENSE: 

Contrib Negligence or Misuse unless unforeseeable.

STRICT LIABILITY:

WARRANTIES

WARRANTIES:

Express basis for bargain.  Absence of warnings makes product seem safer than it is.

IMPLIED WARRANTY OF MERCHANTABILITY: Fit for its purpose.  Triggers when there is Failure to Warn- 

IMPLIED WARRANTY OF FITNESS FOR PART PURP: Seller, knows, buyer relies, damages. 

PRIVITY NOT REQUIRED.

STRICT LIABILITY:

MISREPRESENTATION

2 Types

INTENTIONAL: Misrep of material facts knowingly made w/ intent to induce P's detrimental reliance. P must suffer $ loss.

NEGLIGENT: Misrep of material facts w/ lack of care intended to induce reliance to proximately cause damage.

NON DISCLOSURE: no liab EXC fiduciary relationship.

ECONOMIC/LEGAL TORTS

Malicious Prosecution: Initiation of crim procedure against P that terminates in his favor for which there was no PC., Damages.

Abuse of Process:Use of crim/civ process for purposes other than which designed for, calculated to cause damages.

Other torts: Interference with K or Prospective Advantage

Trade Libel