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Torts (Intentional Torts (Defenses (Self defense (defendant may use force…

- - - - An unreasonable interference with a right common to the general public
      - An individual cannot recover personally for public nuisance unless the individual suffers a harm of a kind different from that suffered by other members of the public
    - - An activity or thing that substantially and unreasonably interferes with the plaintiff's use and enjoyment of the land
      - Interference must be substantial including offensive, inconvenient, or annoying to an average person in the community
- - - - Plaintiff's conduct contributed to her injury and is compared to defendant's negligence
    - - Assume it applies in the jurisdiction of the case
    - - Requires that the plaintiff must have known of the risk and still voluntarily proceeded with the action (plaintiff consented to the defendant's action); can be express or implied
    - - If a plaintiff recovers in full from one defendant, then there is satisfaction and she cannot also recover from the second defendant
      - Rule of contribution allows tortfeasor that paid to seek recovery for the amount that was more than his share from the other defendant
  - - - Defendant must meet a certain standard of conduct for the protection of others against unreasonable risk
      - Standard of care (conduct measured against a reasonable, ordinary, prudent person)
    - - Negligence per se (plaintiff must prove that he was in the class intended to be protected by the statute, the harm suffered is the particular harm that the statute was designed to prevent, and the standards of conduct are clearly defined)
      - Res ipsa loquitur or circumstantial evidence doctrine (the accident that caused the injury would not normally occur unless someone was negligent, and the negligence is attributable to the defendant)
    - - Cause in fact
        
        But for the defendant's actions, the plaintiff's injury would not have occurred
      - Proximate cause
        
        Defendants are liable for the normal incidents within the increased risk caused by their acts (test based on foreseeability and is actually a limitation on liability)