I. Intentional Torts: a. Elements: 1) voluntary; 2) intent, 3) causation, 4) harm, 5) no privilege/defense
Intent: desire to cause harm, or knowledge it will occur. Battery: Intentional harmful or offensive contact. Sufficient to contact something close to P-P need not be aware of contact. Assault: Intentional act, which causes P to experience reasonable (objective) apprehension, of an immediate harmful or offensive contact.Inability to effectuate attempt does not defeat liability. False Imprisonment: Intentional act, that causes the P to be confined or restrained, to a bounded area, against Ps will, with knowledge of confinement, or injury.-Physically confining, failure to release; or invalid assertion of legal authority.-Brief confinement will suffice. IIED: Extreme or outrageous conduct that causes P to suffer severe emotional distress.-Intent or Recklessness (high degree of probability)Language not outrageous except for innkeepers and common carriers.-Third Party: P is an immediate family member, and D is aware of presence; or any other plaintiff were distress results in bodily harm. Trespass (Land): Intentional Act-Physical Invasion of Ds land.-Does not have to realize a boundary line is crossed.-Actual Possession or Immediate Possession.-Invasion satisfied when a P induces a third party or object to enter land.-Includes areas above and below land.Nominal Damages if no injury; Punitive Damages if willful or malicious.-Ejectment: action to recover possession.-Mense Damages: for loss of use. Trespass (Chattels): Intentional Act by D that interferes with Ps chattel causing harm.-Mistake is no defense.-Dispossession: direct interference with possession-Intermeddling: Does not directly affect possession.-Actual possession or right to immediate possession required.-ACTUAL DAMAGES REQUIRED (i.e. loss of use, cost of remedy). Conversion: Intentional act by D that causes the destruction or serious and substantial interference with the Ps chattel.-Mistake is no defense.-Damages: FMV or Replevin and Deprivation. Defenses POPCANS: Privilege: Consent, Public Interest, or Essential Function-Consent: Express or Implied, Emergency Action or Reasonable Person (Defenses to Consent: Mistake & D is Aware, Ds Fraud, Duress, Incapacity, Violation of Criminal Statute).-Self Defense: Force necessary to avoid harm, reasonable belief.-Defense of Others: Same extent as Self Defense.-Defense of Property: Reasonable to Prevent Harm, Never Deadly.-Necessity: to prevent substantially greater harm to public, himself or property. Public; no liability, Private; liability for damage.-Authority: Lawful Arrest, Shopkeepers Privilege, Discipline. II. Negligence: 1) Duty, 2) Standard of Care, 3) Breach, 4) Cause in Fact and Proximate Cause, 5) Damages Duty: Obligation to conform to a standard of conduct to protect others from unreasonable risk.-Duty owed to foreseeable plaintiffs.-No affirmative duty to aid in rescue, unless conduct cause peril.-Nonfeasence: Failure to do something.-Control Third Parties: Special Relationship, Negligent Entrustment.-Government: Proprietary-Duty, Discretionary: No Duty, Ministerial: Duty. NIED: Zone of Danger, Accompanying physical injury.-Bystander: Located near the scene, shock resulting from observance, had a close relationship with victim. Possessors of Land: Invitee: Inspect and make safe, Licensee: Warn, Trespassers: None if unknown, if known duty to warn of hidden dangers. Children: Attractive Nuisance. Standard of Care: Reasonably Prudent person under the same or similar circumstances, not altered by voluntary intoxication. Children: Reasonable Child of same Age, Education, Intelligence, and experience. Adult activities conform to adult standard of care. Breach of Duty: Conduct fails to conform to standard of care. Cause in Fact: Actual cause must be proved by a preponderance of the evidence. Proximate Cause: Foreseeable plaintiff within the zone of danger. Superseding Cause: breaks the chain of causation (i.e. acts of god, criminal acts of 3p, intentional torts of 3p, and extraordinary negligent conduct.-Intervening Cause: Subsequent Malpractice, Illness, and Negligent Rescue Effort. Damages: must prove actual damages.-Assumption of Risk: Express or Implied III. Strict LiabilityLiable regardless of whether D exercised due care. Possession of animals: animal must have known dangerous propensitiesone bite rule. Abnormally Dangerous Activities: 1) activity creates a serious risk, 2) risk cannot be eliminated by due care 3) activity is not usually conducted in the area. Defenses: Contributory Negligence is usually not a defense, unless P consciously disregards apparent danger. It can only reduce recovery. Assumption of Risk: If the plaintiff knows of the danger and voluntarily exposes himself to it. IV. Strict Products Liability: Proper Plaintiff, Proper Defendant (manufacturer, distributor and retailer), Product is in a defective or unreasonably dangerous condition, Proximate Cause, Damages, Defenses: Misuse, Contributory Negligence Product Liability in Negligence: Used Goods, Repairs of Used Goods, leasing real property, services, and franchisors. V. Nusaince: Substantial interference with the use and enjoyment of land or right. Basis may be intentional, negligence or absolute. Public v. Private, Damages or Injunction may be awarded. VI. Defamation: 1) Defamatory Message 2) Publication 3) Damages: Pecuniary Required for Slander, Punitive Requires Evil Slander Per Se: crime or moral turpitude, loathsome disease, business reputation, chastity Public Official: Malice Defenses: Truth, Absolute Privilage