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Torts, Distinguish:, Joint and several liability: either def can be 100%…

- - - - Only applies to:
        
        Battery
        
        Assault
        
        False Imprisonment
        
        Trespass to Land
        
        Trespass to Chattels
  - - - Existence of privilege: Anyone is privileged to use reasonable force to defend himself against a threatened battery on the party of another
      - Retaliation: When battery is no longer threatened, the privilege terminates
      - Reasonable belief: Privilege exists when def reasonably believes that the force is necessary to protect herself against battery, even though there is in fact no necessity
      - Provocation: Does not justify battery but may limit liability in actual damages
      - Amount of force: Amount reasonably necessary for protection
      - Use of deadly force: pi must have reasonable apprehension of loss of life or great bodily injury
      - Injury to 3rd party: privilege is carried over & def is not held liable to the injured 3rd party
- - - - Trespassers: general rule = owner has no duty
        Unknown trespasser = owner has not duty bc they have no notice
        Known trespasser = greater duty (must warn of potential dangers like live wires, traps, etc.)
      - Licensees: Social guest, duty to warn of hidden dangers
      - Invitees: those who are either expressly or impliedly invited onto the premises of another in connection with the business carried on by that other (business patrons; reasonable care in keeping property reasonably safe)
  - - - Attractive Nuisance Doctrine: If an item or machine could be seen as somewhere to play/attractive to children, there must be ordinary care to protect them from potential energy
        
        Elements:
        
        Land owner knows or reasonably should know a child would trespass
        
        Death or serious harm risk is reasonable
        
        Children can't appreciate the risk
        
        Burden of land owner is slight compared to the risk of harm to children (Learned Hand Test)
        
        Failure to exercise reasonable care
    - - General rule: tenant is responsible for the property as it is leased & is responsible to keep it in reasonably safe condition; the landlord must disclose all known, concealed, or dangerous conditions to the tenant at the time of the lease
      - Exceptions:
        
        Undisclosed dangerous conditions known to the LL and unknown to the T
        
        Conditions dangerous to persons outside the premises
        
        Premises leased for admission of the public (like a bar or club)
        
        Parts of land retained in LL's control which T is entitled to use (clubhouse, pool)
        
        Where LL contracts to repair
        
        Negligence by LL in making repairs; Only applies when the lessor attempts to make repairs and fails to exercise reasonable care without knowing that the repairs have been sufficiently made