Please enable JavaScript.

Coggle requires JavaScript to display documents.

Torts (Intentional Torts (Requires (Intent (Transferred Intent (Battery,…

- - - - D desires that his act will cause harmful result or has substantial certainty
      - Transferred Intent
        
        Battery
        
        False Imprisonment
        
        Trespass to land
        
        Trespass to Chattels
        
        Assault
  - - - Acts with intent
      - to cause anticipation of imminent and harmful/offensive contact
      - "Apprehension" not fear
      - Words alone insufficient
    - - party acts with intent
      - to cause harmful/offensive contact
      - to person or something attached closely
    - - Reckless or intentional conduct
      - Extreme or outrageous
      - results in severe emotional distress
    - - Restraint of a person
      - Bounded area
      - W/o legal authority, justification, or consent
  - - - Intentional Entry
      - Onto property of another
      - W/o property owner's consent or authorization
    - - Intentional act
      - Interfering w/ P's chattel
        
        Tangible personal property
        
        Intangible property that has physical representation
      - Causing Harm
    - - Intentional act
      - causes destruction or serious interference
      - W/ P's chattel
  - - - P agree to engage in conduct/behavior
      - Actual
      - Implied
      - Emergency Doctrine
    - - Reasonable belief of threat/bodily harm/death
      - D used reasonable force to prevent bodily harm/death
    - - Reasonable force
      - Defended party is entitled to use self-defense themselves
    - - Reasonable force to protect personal property
      - many not use deadly force/inflict great injury
    - - Public (not private) interests involved
      - Reasonable in believe action needed
      - action was reasonable response to that need
- - - - Libel: written
      - Slander: non-permanent/spoken
        
        per se
        
        Commission of crime
        
        Allegations of loathsome disease
        
        Imputes improper conduct of business or profession
        
        Serious sexual misconduct
    - - Truth
      - Privileges
        
        Qualified/Absolute
      - Consent
    - - Malice
      - Nature of P (public figure)
      - Subject matter of controversy
        
        public concern
      - required for presumed/punitive damages
  - - - Consent
      - Privileges
  - - - Thing or activity that substantially/unreasonable interferes w/ another individual's use or enjoyment of his land
        
        air/water pollution
        
        noise
        
        bad odors
      - Interference must be
        
        intentional
        
        negligent
        
        reckless
        
        result of abnormally dangerous conduct
      - Balancing Test of Social Utility
        
        Gravity of harm
        
        Extent of harm
        
        Character of harm
        
        social value
        
        Utility of conduct
        
        social value
        
        suitability of conduct to character of locality
        
        impracticability of preventing/avoiding invasion
    - - Unreasonable interference w/ a right common to the general public
        
        air pollution
        
        polluting navigable waterway
        
        interference w/ public highways
        
        interference w/ parks
      - Members of public cannot bring, must suffer harm
    - - statute, ordinance, or regulations
      - continuous/long-lasting effect
- - - - foreseeable and highly significant risk of physical harm even w/ reasonable care
      - activity is not commonly engaged in
    - - Dangerous Propensity
        
        possessor of wild animal is strictly liable for harm done regardless of reasonable precautions if harm from dangerous propensity which owner has reason to know
      - Domestic Animals
        
        Owner is strictly liable for injuries caused by animal if knows/reason to know animal's dangerous propensities
    - - Manufacturer, retailer, or distributor may be liable for any harms to persons or property caused by such product
      - P must plead/prove
        
        Product defective in manufacture (failure to warn)
        
        Defect existed at time product left D's control
        
        Defect caused p's injuries when used in intended/foreseeable way
        
        402(a) Claim
        
        D in business
        
        Product reached P w/o alterations
        
        Product defective
        
        Causation
        
        Proximate Cause
        
        Damages
- - - - Assess circumstances to determine if obligation of reasonable care exists
      - Question of law (only one in negligence)
      - duty to foreseeable plaintiffs to exercise reasonable care regarding foreseeable risks of harm
      - Affirmative duty
        
        Innkeepers
        
        common carriers
        
        Special relationships
        
        Parents w/ children
        
        Masters w/ employees
      - Negligent IED
        
        P in zone of danger
        
        Bystander
        
        Possessor of Land
        
        Trespasser
        
        If known/child
        
        Invitee
        
        duty to prevent injury/discover dangerous conditions
        
        Licensee
        
        Reasonable care/warn of known dangers
    - - D has failed to meet standard of care
      - in light of foreseeable risk, conduct/failure to act was reasonable/unreasonable
      - what would reasonable person have done if risk foreseeable
      - was there a duty owed (standard of care) did D meet that standard of care
      - Negligence Per Se
        
        Existing statute becomes standard of care and violation becomes breach
        
        Class of persons protected
        
        type of harm protected against
      - Res Ispa Loquitur
        
        Circumstantial evidence
        
        injury that would not normally occur unless someone was negligent and negligence attributable to defendant
    - - P has burden to prove D's actions more probably than not resulted in harm
        
        Two Tests
        
        But for
        
        Majority
        
        Substantial factor
        
        Minority
      - Actual Cause
    - - In addition to proving actual cause, P must prove D's conduct was proximate or legal cause
      - Two tests
        
        Direct Consequences
        
        P can recover when the D's tortious acts are direct cause of p's harm - cause w/o intervention
        
        Foresight Test
        
        Is P foreseeable
        
        Is consequence foreseeable
        
        Is there intervening conduct?
      - Eggshell plaintiff
        
        If P has pre-existing condition - tortfeasor is subject to liability for full extent of harm
    - - Defenses
        
        Contributory Negligence
        
        Comparative Fault
        
        Assumption of Risk
        
        Joint and Several Liability
      - Medical expenses
      - Lost wages
      - noneconomic damages: pain and suffering
      - Past/present/prospective