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

- - - - Intentional act interferes w/ P's chattels (physical rep), causing harm
    - - Intentional act that cause the destruction or serious interference with the P's chattel
  - - - P experiences reasonable apprehension of immediate harmful or offensive contact
    - - Harmful or offensive contact w/ victim or something closely connected w/ the victim
    - - Intentional act that causes a P to be confined or restrained to a bounded area against P will the P knows of the confinement or is injured
    - - Intentional or reckless act amounting to extreme and outrageous conduct that causes the P sever mental distress
  - - - may use force reasonably necessary to protect against injury when reasonably believes is being or is about to be attacked
    - - Requires the D to request the P to stop or leave unless it would be futile. NOT deadly force :
    - - Injuring P's property was reasonably necessary to avoid substantial greater harm to the public to the D or save D's more valuable property
    - - Express or implied and D will still be liable if he exceed the stop of consent
- - - - Libel: written
      - Slander: not preserved in permanent form, including spoken word
      - Slander per se:
        
        Commission of a crime
        
        Allegations of loathsome disease
        
        Allegations of a loathsome disease
        
        Imputes improper conduct of business or profession
        
        Serious sexual misconduct
    - - General damages: No proof or actual damages required
      - Pecuniary or special damages: Quantifiable monetary losses
      - Punitive damages: Need additional showing of malice
    - - P most prove falsity of claim in prima facia case
      - Privileges
        
        Absolute: D may not held liable for an otherwise defamatory statement as a matter of law
        
        Qualified: D is not held liable for otherwise defamatory message unless he loses the protection of privilege
        
        Consent
    - - Malice is required
      - Nature of P
      - Subject matter of controversy
      - Required for presumed or punitive damages
  - - - Misstatement of fact
        
        False, affirmative statement
        
        Active concealment
        
        Omissions of fact/failure to disclose
      - Science/malice; statement was made
- - - - D must meet certain standard of conduct for protection of others against unreasonable risk
      - No affirmative duty to act EXCEPT for innkeepers, common carriers, special relationships
      - Standard of care
      - Bystander
      - Possessors of Land
    - - Negligence per se
        
        1) the statute carried a criminal penalty;
        
        2) the standard is clearly defined in the statute;
        
        3) the plaintiff is within the class of people the statute was designed to protect;
        
        4) the harm is the type the statute was intended to prevent.
      - res ipsa loquitur: P doesn't know the circumstances needed to establish a breach of duty
        
        Harm normally would not happen absent negilgence.
        
        Harm was caused by an instrumentality solely in defendant’s control.
        
        Plaintiff did not contribute to the negligence.
    - - Cause in fact
        
        1) The "but for test."
        
        2) Substantial factor test. Used when there are 2 indp & sufficient causes and either alone could have caused the harm.
        
        3) Burden-shifting test. multiple D, but only 1 caused injury
      - Proximate Cause
        
        foreseeability
        
        actually a limitation on liability in that every actual cause does not rise to the legal cause
        
        Egg shell P - D full consequence of injury even if injuries are more severe that they would be
    - - Personal injury
      - Property damages
      - Punitive Damage
      - Non-recoverable
  - - - P's conduct contributed to her injury
    - - Does not apply to intentional torts