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Torts (Intentional Torts (Against Persons (Battery: Harmful or offensive…

- - - - Assault
      - Battery
  - - - Apparent ability is all that is required
      - Harmful or offensive contact exists if a reasonable person would regard it as offensive
        
        Exaggerated fears are not actionable unless the defendant knew about that fear and used it to put plaintiff in apprehension
        
        Fear is not required, only an apprehension of a harmful or offensive contact
      - Words alone are insufficient
      - Actual damages not required
    - - Reasonable person standard
      - Includes anything connected to the victim's person
      - Direct touching not required for the tortfeasor or the victim
      - Includes setting in motion a force that brings about the harmful or offensive contact
      - Apprehension is not required
      - Lack of consent
    - - Confinement includes:
        
        Confining by physical barriers
        
        Failing to release the plaintiff where the defendant has a legal duty to do so
        
        Asserting invalid legal authority
      - Very brief time is sufficient
      - No duty to resist if defendant makes a credible threat to use physical force
      - Not confined if there is a reasonable means of escape that plaintiff is actually aware exists
      - Requires knowledge of confinement or actual harm
    - - Outrageous or extreme conduct
      - Intent or recklessness
      - Causation
      - Severe emotional distress
- - - - Defamatory message
      - Of or concerning the plaintiff
      - Publication
      - Harm to reputation
    - - Libel is the written form of defamation
      - Slander is defamation not preserved in permanent form, including their spoken word
      - Slander per se
        
        Commission of a crime
        
        Allegations of a loathsome disease
        
        Imputes improper conduct of business or profession
        
        Serious sexual misconduct
    - - General damages
      - Pecuniary or special damages
      - Punitive damages
    - - Truth
      - Privileges:
        
        Absolute
        
        Defendant may not be held liable for an otherwise defamatory statement as a matter of law
        
        Applies to legislator, participant in judicial proceeding, policy-making official, or spouse
        
        Defendant has burden of proving privilege
        
        Qualified: Defendant is not held liable for an otherwise defamatory message unless they lose the protection of the privilege
- - - - Manufacturing defect
      - Food products treated the same way
    - - Warning defect: While adequate warnings insulate a defendant, inadequate warnings result in liability
      - Seller must anticipate reasonably foreseeable misuses of the product
      - No requirement of contractual privity
      - REasonable alternative design must exist at the time of the original design
- - - - Defendant must meet a certain standard of conduct for the protection of others against unreasonable risk
      - When action is taken, a duty of care is owed to all foreseeable plaintiffs
      - No affirmative duty to act exists
      - Standard of care
        
        Reasonable person standard
    - - Negligence per se: Statute provides for criminal penalty
      - Res ipsa loquitor: Based on the particular injury
    - - Cause in fact
        
        But-for the defendant's conduct
      - Proximate cause
        
        Test is based on foreseeability and is actually a limitation on liability in that every actual cause case does not rise to legal cause
    - - Actual harm or injury