Elements
Elements of IIED
(1) D acted intentionally or recklessly
(2) Conduct was extreme or outrageous (3) Actions of D cause P’s emotional distress
(4) Resulting in SEVERE emotional distress
The necessary things needed to prove causation.
What are Causation in fact (but for) and proximate cause
False; words alone do not justify assault
This case established that an offensive contact to an intimately connected item counts as contact to the individual's body. This case involved a racist plate snatcher.
What is Fisher v Carrousel Motor Hotel
Elements of Res Ipsa Loquitor
1. Event must be of a kind that ordinarily does not occur in the absence of someone’s negligence;
2. It must be caused by an agency or instrumentality within the exclusive control of the defendant;
3. It must not have been due to any voluntary action or contribution on the part of the plaintiff
A duty is present if the burden of preventing injury is less than the probability of injury multiplied by the damages.
What is the Learned Hand Formula
The Privileges to Intentional Torts
Consent, Self-Defense, Defense of Others, Defense of Property, Necessity
what are continuing torts, discovery rule, and fraudulent concealment
This case established the Learned Hand formula used to determine when someone had a duty. This case involved a boat that tried a risky maneuver at a dock and ended up causing damage to multiple other boats.
Elements of Public Necessity
(1) Needs of many outweigh the needs of few
(2) Trespass or conversion reasonably necessary to avert a public disaster
(3) Only needs to be reasonable at the time of the taking
This causation doctrine is usually limited to medical malpractice. It involves P establishing a causal link between D's negligence and the damages accrued, which can be actually attributable to D.
What is Loss of Chance Doctrine
Difference between Trespass and Nuisance.
Bonus if you can name four examples of Nuisance.
Trespass: tangible invasions
Nuisance: intangible invasions (light, vibration, smoke, noise)
Emotional losses including tangible services, but also companionship
What is Loss of Consortium
This case established that the use of deadly force can only be used when there is a present and current threat to personal safety. It involved a shotgun trap rigged to go off if someone entered an abandoned house.
What is Katko v Briney
Elements of Private Necessity
1. Conduct MUST be reasonable at the time of the taking.
2. Generally, the reason for trespass must be life-threatening
3. Harm prevented must outweigh the harm caused
once a Plaintiff has fully recovered, they cannot recover anything further from any other defendant regardless of liability.
True or False; a store employee preventing someone who they believe to be stealing is False Imprisonment
False, no it not lol
Defenses to Defamation
What is Truth, Qualified/Conditional, Absolute Privilege
This case established that punitive damages should not exceed a 4:1 ratio. This case involved a two lane highway were a car swerved to avoid a car and ended up hitting a different car.
What is State Farm v Campbell
Elements of Appropriation of Name or Likeness
(1) The defendant appropriated the plaintiff’s name or likeness for the value associated with it;
(2) The plaintiff can be identified from the publication;
(3) The defendant received some (commercial) advantage or benefit from the appropriation; and
(4) The plaintiff suffered an injury as a result of the defendant’s appropriation
Countdown to when a negligence cause becomes invalid to be brought starts when defendant acts.
the majority and minority arguments for defense of others
What is Majority: reasonable perception
Minority: step into shoes of victim (what were their rights?)
Requirements of an Exculpatory Clause. Double points if you can name what can't be waived via this clause.
injury has to be
1. within the scope of the clause (can't waive intentional)
2. release must be within public policy
This case established that two independent tortfeasors may be jointly liable if it's impossible to tell which one caused Plaintiff's injuries. It involved a trio that went hunting, two shot at the same time, and the other got hit by one of the bullets.
What is Summers v Tice