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Torts (Intentional torts (Transferred intent (Battery, Assault, False…

- - - - P experiences reasonable apprehension
        
        apparently ability required
        
        harmful or offensive contact does not defeat liability
        
        harmful and offensive contact exists if a reasonable person wold regard it as offensive
        
        words alone are insifficient
        
        actual damages are not required
    - - Harmful or offensive contact with P or something closely related
        
        Reasonable person standard
        
        anything connected to persons
        
        direct touching not required
        
        includes setting in motion a force that brings about harmful behavior
        
        apprehension not required
        
        lack of consent
    - - intentional act that causes P to be confined or erstrained
        
        Very brief time is sufficient
        
        no duty to resist
        
        not confined if reasonable means to escape
        
        requires knowledge
        
        defense: reasonable manner, reasonable period of time, reasonable belief of theft
    - - intentional or reckless act amounting to extreme and outrageous conduct that causes the P mental distress
        
        reckless conduct sufficient
        
        beyond bounds of decency
        
        distress must be severe and substantial
  - - - intentional act is physical invasion
        
        intentional entry
        
        mistake not a defense
        
        P must be in actual possession
        
        third party counts if forced
        
        land includes area above and below the surface
        
        nominal damages and actual harm
    - - intentional act that interferes with P chattel, causing harm
        
        chattel is tangible personal prop.
        
        Mistake is not a defense
        
        disposition or intermeddling
        
        more serious interference may amount to conversion
  - - - D may use force reasonably necessary
    - - cannot be initial aggressor
    - - D requests P to stop or leave unless it would be futile
      - may not use deadly force
    - - injuring P prop. was reasonably necessary to avoid substantially greater harm to public, D
- - - - even if domesticated
        
        if animal trespasses, reasonably foreseeable
    - - arises by statute
        
        dependent on owner's knowledge
  - - - product was dangerous beyond the expectation of ordinary consumer
    - - consumer expectation
    - - reasonable alternative design shown by P
      - warning defect
- - - - NO AFFIRMATIVE DUTY TO ACT
        
        exceptions: innkeepers, common carriers, special relationships
        
        Standard of care
        
        reasonable person standard
    - - D conduct falls short of standard of care
        
        negligence per se
        
        statute replaces common law duty
      - res ipsa loquitur
        
        based on particular injury
    - - actual cause
        
        but for D actions, injury would not have occurred
    - - legal cause
        
        foreseeability
        
        eggshell P
        
        D take full responsibility for injuries even if injuries are more severe than they would be with a normal person
    - - actual harm or injury
        
        cannot recover nominal damages
        
        P compensated for past, present, and prospective damages
        
        economic damages
        
        medical expenses
        
        lost earnings
      - contributory fault
      - comparative fault
      - assumption of fault
      - joint and several liability