Tort Law Cheat Sheet

by parkeraz via cheatography.com/32519/cs/10030/

Intent​ional Torts Defenses to intent​ional torts (cont)

Three Act, intent, causation purpose (balancing test)

Elements no other option
Intent Purpose of causing conseq​uence or knows conseq​‐
uence is substa​ntially certain Negligence
Transf​‐ Different tort against same person; same tort against Duty reasonable standard of care
erred different person; different tort against different person
exception for physical but not mental disability
intent
negligence per se (satisfies duty and breach)
battery intent​ional contact with the person of another
Breach of Duty Assessing forese​eable risks and costs
uncons​ented/ unpriv​ileged
Assessing reasonable care
harmful or offensive- intent to harm or offend
risk utility analysis
assault intent to harm/ offend through fear
Evaluating conduct/ custom
appreh​ension of imminent battery
Res Ipsa
reasonable appreh​ension or fear results (mere words
Actual Damages medical expenses
not suffic​ient)
lost earnings
false words or acts intended to confine within a fixed space
impris​‐ future earnings
onment pain and suffering
actual confin​ement punitive
awareness of confin​ement or harm Actual cause but-for test
trespass to intent to enter cause contribute to the accident
land Proximate cause Scope of the risk
actual entrance Is the type of injury within the risk
conversion intent to exercise substa​ntial dominion is type of risk forese​eable ?
exercising dominion substa​ntial factor
trespass to intent to interfere with chattel direct connection
chattels
remoteness in time and space
actual interf​erence with use or enjoyment
**Inte​rvening persons or forces
harm results

Intent​ional Infliction of Emotional Distress Defenses to negligence

Contri​butory negligence completely bars recovery

Defenses to intent​ional torts
Compar​ative fault Jury determines how negligent
self defense affirm​ative defense for a real threat
Interest of Public Policy Duty to Protect
words do not allow self defense
Knowledge of Situation and P vulner​ability
defense of property cannot use excessive force
Creates risk to self
human life > property
Assumption of the risk express or contra​ctual
consent look at situation
implied assumption of the risk
no need to articulate consent
primary assumption of the risk
consent negates intent
necessity apparent necessity

By parkeraz Published 2nd December, 2016. Sponsored by ApolloPad.com

cheatography.com/parkeraz/ Last updated 23rd July, 2019. Everyone has a novel in them. Finish
Page 1 of 2. Yours!
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 Tort Law Cheat Sheet
by parkeraz via cheatography.com/32519/cs/10030/

Special Duty- Landowner

what's their status trespasser

invitee
licensee
conditions v. activities no need to warn of natural condition
do need to warn of unexpected conditions
trespa​ssing child attractive nuisance
dangerous instru​men​tality
open and obvious

Nonfeasace

No duty to act unless you create harm

Duty to protect from third party

defendant relati​onship with plaintiff special relati​onship?

duty of landowner/ common carrier
Defendant relati​onship with
dangerous third party
specific harm
prior similar incidents
totality of circum​stances
balancing test
special relati​onship?
directly and forese​eably
exposed
therapist duty to warn of
impending danger

Emotional Harm

Negligent Infliction of Emotional zone of danger

Distress
direct victim v. bystander
harm resulting from injury to
another

By parkeraz Published 2nd December, 2016. Sponsored by ApolloPad.com

cheatography.com/parkeraz/ Last updated 23rd July, 2019. Everyone has a novel in them. Finish
Page 2 of 2. Yours!
https://apollopad.com