iF D either desires that his act will cause the harmful result or knows with substantial certainty that the result will follow

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

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

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

Defamatory message: message lowers a P in the community's esteem a 3rd person from associating with him

Publication: 3rd person received defamatory message and understood it to be about the P

Slander: not preserved in permanent form, including spoken word

Imputes improper conduct of business or profession

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

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

Required for presumed or punitive damages

Public disclosure of private facts about the P

Public nuisance: unreasonable interference w/ a right to common to the general public

Private nuisance: activity or thing that substantially and unreasonably interferences w/ P use and enjoyment of the land

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

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.

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

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

S.L. for all property damage they cause by trespassing on another’s property

1) impose a severe risk to people or property; 2) not be able to be made reasonably safe;
3) be uncommon in the community

Assumption of risk: P KNOWN risk and still voluntarily proceeded

Joint and several liability: If P recovers from 1 D cannot recover from 2nd D