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Torts general applicability Assumptions: no statutes apply unless…

- - - - definitions
        
        D desires his act will cause the harmful result
        
        D knows with substantial certainty that the result will follow
      - transferred intent
        limited to assault, battery,
        false imprisonment, trespass to land,
        and trespass to chattels
        
        D intends to commit tort against someone but commits against someone else
        
        D intends to commit one tort but commits another
  - - - Assault
        
        reasonable apprehension
        
        of imminent
        
        harmful or offensive contact
        
        objective standard
        
        words alone are insufficient
      - Battery
        
        harmful or offensive contact
        
        objective standard
        
        words alone are insufficient
        
        direct touching not required
        
        of the P or something closely related to the victim
      - False Imprisonment
        
        P is confined or restrained to a bounded area against will
        
        NOT confined if there is a reasonable means of escape
        
        P knows of the confinement or is injured
      - IIED
        
        intentional or reckless act that
        
        amounts to extreme and outrageous conduct
        
        beyond the bounds of decency -
        conduct a civilized society would not tolerate
        
        that causes P severe mental distress
        
        more than a reasonable person could expect to endure
    - - Trespass to Land
        
        physical invasion of property
      - Trespass to Chattels
        
        interferes with P's chattel, causing harm
      - Conversion
        
        causes destruction or serious interference with P's chattel
    - - Self-Defense
        
        D cannot be initial agressor
      - Defense of Others
      - Defense of Property
        
        deadly force never allowed
      - Necessity
        
        reasonably necessary to avoid substantially greater harm to the public, the D, or to save the D's more valuable property
      - Consent
        
        express or implied
- - - - defamatory message
      - of or concerning the P
      - publication
      - harm to reputation
    - - libel = written
      - slander = not preserved in permanent form (i.e. spoken)
      - slander per se
        
        commission of a crime
        
        allegations of a loathsome disease
        
        imputes improper conduct of business or profession
        
        serious sexual misconduct
    - - NYT v. Sullivan
        
        malice is required
        
        nature of P
        
        public official
        
        public figure
        
        subject matter of controversy
        
        matter of public concern
    - - general = no proof of actual damages required
      - pecuniary or special
      - punitive = requires showing of malice
    - - Truth
      - Privileges
        
        absolute = D 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, and spouses
        
        qualified = D is not held liable for an otherwise defamatory message unless he loses the protection of the privilege
        
        applies to communications of .a matter of interest to the recipient
        
        Does not apply or is lost if:
        
        the matter is outside the scope of the privilege
        
        D acts out of malice
      - Consent
  - - - not an opinion
    - - objective standard
- - - - Defect
        
        control
        
        existed at the time product left D's control
        
        changes
        
        product must reach user without substantial change in condition
        
        causation
        
        requires both actual and proximate cause
        
        damages
        
        compensatory and punitive
        
        types
        
        manufacturing
        
        consumer expectation standard
        
        design
        
        P must show reasonable alternative design (that existed at the time of the original design) that is a less dangerous modification and economically feasible
        
        warning
        
        inadequate warnings result in liability
        
        business
        
        only commercial suppliers
    - - domesticated animals:
        
        statutes
        
        depends on owner's knowledge
      - strict liability even if D claims wild animal is "domesticated"
    - - must create foreseeable risk of serious harm even with the exercise of reasonable care
      - activity is not a matter of common usage
      - if reasonable care is used, it is not abnormally dangerous
- - - - D must meet certain standard of conduct for the protection of others against unreasonable risk
      - when action taken
        
        duty of care is owed to all foreseeable Ps
        
        cannot leave P in worse condition
      - no affirmative duty to act exists
        
        EXCEPTIONS:
        innkeepers
        common carriers
        special relationships
      - no duty to control others
        
        EXCEPTIONS:
        parents
        respondiat superior
        negligent hiring
      - NIED
        
        P in zone of danger
        
        physical manifestations
        
        Bystander
      - possessors of land
        
        invitee
        
        duty to prevent injuries and discover dangerous conditions
        
        licensee
        
        duty to exercise reasonable care and warn of dangerous conditions
        
        trespasser
        
        no duty of care
      - standard of care
        
        D's conduct = objective standard
        
        higher standard for professionals
        
        children = reasonable child of same age
        
        different standard depending on special relationships
    - - when D's conduct falls under standard of care
        
        negligence per se
        
        if statute -
        P must prove he was in the class intended to be protected by the statute, the harm suffered is the particular harm the statute was designed to prevent, and standards of conduct are clearly defined
        
        res ipsa loquitur
    - - cause in fact
        
        but/for
        
        significant factor
      - proximate cause
        
        foreseeability
        
        EXCEPTION
        eggshell plaintiff
        
        direct cause = D liable for all foreseeable harmful results
        
        indirect cause
        intervening force may break chain of causation
        
        foreseeable intervening act = does not cut off D's liability
        
        unforeseeable intervening acts = cuts off D's liability
    - - actual harm or injury
      - punitive if D's actions were
        wanton and willful, reckless, or malicious
  - - - does not apply to intentional torts
      - joint and several liability