Please enable JavaScript.
Coggle requires JavaScript to display documents.
Torts (Defenses (Defense of others (Same as self defense), defense of…
Torts
Defenses
-
defense of property
requires D to stop or leave unless it would be futile, no deadly force
Self Defense
D may use force reasonably necessary to protect against injury when they reasonably believe they are being attacked or are about to be
necessity
requires that injuring plaintiffs property was reasonably necessary to avoid a substantialy greater harm to publi, D, or property--> RP standard
Consent
Can be expressed or implied, and D will still be liable if he exceeds the scope of the consent
Against Persons
False imprisonment
Intentional Act that causes a plaintiff to be confined or restrained to a bounded area against a P's will and P knows of the confinement or is injured
-
IIED
INtentional or reckless act amounting to extreme and outrageous conduct that causes the plaintiff severe mental distress
-
-
-
-
Against Property
trespass to chattels: intentional act that interferes with the plaintiff's chattel, causing harm
-
conversion: intentional act that causes the destruction or serious interference with the plaintiff's chattel
-
-
-
-
Negligence
Duty: when action is taken, a duty of care is owed to all foreseeable P's
No affirmative duty to act EXC: innkeepers, common carriers, special relationship
-
-
Defenses
COMPARATIVE FAULT--PURE
Damages are allocated based on found percentage of fault between P and D, ie 5% and 95%
Assumption of risk: requires that P must have known of the risk and still voluntarily proceeded with the action, can be expressed or implied
Joint and Several Liability: Each D is liable for the entireity of damages, if P recovers in full from one D, up to that D to sue other D's for their share
-
Causation: BUT FOR
foreseeabilty test for proximate cause, risk must be foreseeable
-
UNforeseeable intervening acts do cut off liability (nature, crime, torts, negligence of third person
Damages
Actual Harm or injury
INcludes all past, present, and prospective damages including economic, and noneconomic like pain and suffering
Liability for intentional tort requires: voluntary act, intent, elements of tort, causation, harm, lack of priv or defense