TORTS (Intentional Torts (Torts Against Property:
-Trespass to land:…
Torts Against Property:
-Trespass to land: intentional physical invasion on property
-Trespass to chattels: intentional act interfereing w chattel
-Conversion: intentionally causing the destruction or serious interference w V's property rights
Intent: D wants the act to cause the harm, or D has substantial certainty that the result will follow, or transferred intent
Defenses: Self-Defense, Defense of others, Defense of property, necessity, Consent
Torts Against People:
-Assault: reasonable apprehension of immediate harmful or offensive contact
-Battery: harmful or offensive contact with the V or something closely connected w V
-False imprisonment: intentional act confining V, against V's will
IIED: intentionally or recklessly engaging in extreme and outrageous conduct to cause V severe emotional distress
What is an Intentional tort?
-Elements of a P-F claim
-No privilege or defense
Breach of Duty?
-Does D's conduct fall short of the standard of care required?
-Negligence per se or strict liability?
-Actual Cause: But-for D's actions, injury would not have happened
-Proximate/Legal Cause: foreseeability test
-Eggshell plaintiff: exception to foreseeability, D is still liable
-Does a duty exist?
-What is the standard of care?
-Special relationship? Inkeeper/store owner?
-Measured against a reasonably prudent person in the same or similar circumstances
-If professional field: measured against a reasonable member of that field
-Must have actual harm or injury
-Not nominal damages
-Compensation can be fore all past, present, future damages
-Punitive damages if D's actions were wanton and willful, reckless, or malicious
-Assumption of the Risk
-Joint and Several Liability
Abnormally dangerous activities, wild/domesticated animals, defective products
Defenses: comparative fault, assumption of the risk