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Torts - Coggle Diagram

- - - - Not confined if there is a reasonable means of escape
      - Requires knowledge of confinement or actual harm
      - Very brief time is insufficient
    - - Satisfied if P causes a third person to enter onto P's land or remains upon the P's land when under a legal duty to leave
      - P's land includes the area above and below the surface
      - P must be in actual possession or have the right to immediate possession of that land
      - Liable for nominal damages and actual harm
      - Intentional entry is all that is required
    - - Includes anything connected to the victim's person
      - Direct touching not required.
      - Reasonable person standard
      - Includes setting in motion a force that brings about the harmful or offensive contact
      - Apprehension is not required
      - Lack of consent
    - - Loss of Possession = if the P loses possession of the chattel for any time, recovery is allowed even if the chattel is returned unharmed.
      - Electronic Trespass on Computer = If D intereacts with P's computer without permission, trespass Depends on 1. Whether there is hark to data on computer
      - Conversion = intentional interference with possession or ownership of P's property, that is so subsrantial that D should be required to pay the property's full value
        
        Intent = all that is required is defendant intended to take the item.
        
        Factors To determine include 1) duration of defendants dominion over the property 2) Defendant's good or bad faith 3) Harm done to the property 4) and the inconvenience caused to P
    - - Words alone are insufficient
      - If a reasonable person would regard the contact as offensive
      - Apparent ability is all that is required
      - Actual damages not required; can required nominal damages.
  - - - Objective Manifestation = if it reaosnably seemed to one in D's position that P consented, consent exists regardless of P's subjective state of mind.
    - - Consent will be invalidated if P is incapable of giving consent because = Child, Intoxicated, Unconscious, Diminished Capacity.
        
        But Consent as a matter of law is implied if P is incapable of truly viving conset
    - - Athletes Consent exceptions
      - Surgery exception
    - - Cannot be in retaliation for a tort already committed
      - Apparent harm must be imminent to use self defeanse - reasonably appear there will be no later chance to prevent danger
      - Only for protection
      - D cannot use in response to verbal provocation
      - Used both where there is a real threat of harm or where D reasonably believes there is a threat of harm
      - Retreat = D can use non-deadly force rather than retreating but D may not use deadly force rather than retreating EXCEPT if attached in his dwelling, in which case there is no duty to retreat from one who does not reside in the dwelling.
      - Deadly Force = Can only be used to avoid death or serious bodily injury of your person
      - Degree of Force = Only degree of force necessary to prevent the threatened harm may be used. if D uses more force than necessary they will be liable for damages
      - Defense of Others = a person may use reasomable force in the defense of another
      - Defense of Property = a person may generally use reasonable force to defend their property, both land and chattels
      - Recapture of chattels = generally property owner has the right to use reasonable force to regain possession of chattels taken from her by someone else
      - Necessity = Under defense of Necessity. D has privilege to harm the property interest of P wjere there is necessity to prevent necessary harm to 3rd person
        
        Public = if interference with land or chattels is necessary to prevent a disaster to the community/many people
        
        Private = preventing injury to yourself/property/3rd person = this is protected as long as there is no less damaging way of preventing the harm
- - - - Truth
      - Privileges
      - Consent
- - - - Negligence per se
      - Res Ipsa Loquitur
    - - Causation in fact
      - Proximate cause