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Torts (Intentional Torts (Defenses (Self-defense & Defense of Others…

- - - - Physical invasion of property
    - - Act that interferes with chattel, causing harm
    - - Act that causes the destruction or serious interference with chattel
  - - - Reasonable apprehension of an immediate harmful or offensive contact
    - - Harmful or offensive contact
    - - Confined or restrained against will
    - - Intentional or reckless act amounting to extreme and outrageous conduct causing severe mental distress
  - - - Reasonable Manner
      - Reasonable Amount of Time
      - Reasonable Belief as to Theft
    - - Force reasonably necessary to protect against injury
      - Reasonable belief about to be attacked
      - Cannot be the initial aggressor
      - Mistakes allowed
      - Duty to retreat in some jx
    - - Injuring plaintiff's property was reasonably necessary to avoid a substantially greater harm to the public, to the defendant, or to save the defendant's more valuable property
    - - Express
      - Implied
    - - Cannot use deadly force
      - Must tell plaintiff to shop or leave unless it would be futile
- - - - LIbel - written
      - Slander - spoken and other ways not permanent
    - - General
      - Pecuniary or Special
        
        Applies to slander per se only (crimes, diseases, improper business conduct, sexual misconduct)
      - Punitive
        
        Need to show malice
    - - Truth; Plaintiff must prove falsity of claim in prima facie case
      - Absolute Privilege
        
        Legislator, participant in judicial proceeding, policy-making officials, spouses
      - Qualified Privilege
        
        Communications of a matter of interest to the recipient
      - Consent
    - - defamatory message of or concerning plaintiff
      - communicated to a 3rd party
      - damages the plaintiff's reputation
      - malice required if regarding public official/figure or matter of public concern
  - - - Defense of Truth
- - - - Mfg Defect
      - Design Defect
    - - Wild Animals
      - Trespass by animal if reasonably foreseeable
    - - Foreseeable risk of serious harm even with exercise of reasonable care
- - - - Standard of conduct for the protection of others against unreasonable risk
      - A duty of care is owed to all foreseeable plaintiffs
      - No duty to act
        
        Exceptions
        
        Innkeepers
        
        Common Carriers
        
        Special Relationships
        
        Good Samaritan Statute
      - No duty to control
        
        Exceptions
        
        Special Relationships
        
        Vicarious Liability
    - - Conduct falls short of
        the standard of care
        
        negligence per se
        
        res ipsa loquitur
    - - Actual Cause/Cause in Fact
        
        But For Test
      - Proximate Cause/Legal Cause
        
        Foreseeable plaintiffs
        within the zone of danger
        
        Eggshell Plaintiff Exception
    - - Economic
      - Noneconomic
      - Punative