Trespass to Land
Intent
act of unauthorized entry onto land of another
damages (entry itself is the damage)
causation
Does battery extend to anything...?
(think of the scarf hypo)
battery includes touching items connected to the P body
Strict Liability
Intent doesn't matter. causing the injury automatically results in liability
what are the 3 defenses to negligence
contributory negligence
comparative negligence
assumption of risk
Factual/Legal/Proximate cause?
Trespass to Chattel
Intent
interaction with personal property of another
damage to chattel or deprivation of use
causation
False Imprisonment PFC
Intent to confine another within fixed boundaries
volitional act
causation-act directly or indirectly results in confinement
damages-other is aware of the confinement or is harmed by it
Negligence PFC
Duty of due care
breach of duty by act or omission
actual and proximate causation
damages
Impure
how is actual causation determined
but for
multiple sufficient causes
alternative liability
market share liability
loss of chance of survival
Conversion
Intent to exercise dominion and control over the property of another for ones own use
act of exercising dominion and control over the property of another
causation
damages in the form of serious interference with another's possessory interest in the property
Intentional infliction of emotional distress pfc
intent or recklessness to inflict emotional distress
extreme or outrageous behavior by D
causation
severe emotional distress occurs to P
Negligence under....
(3 standards used)
Judge Hands Formula
Custom
Statutes
Pure
joint and several liability
Assault
Intent to cause imminent fear or apprehension
volitional act
person actually experiences fear or apprehension
Consent
Defense of Self
Defense of Property
Necessity (private and public)
Reasonable person
how would a person of ordinary prudence act under similar circumstances?
novices? experts? children? insanity? disability? wealth?
Primary assumption of risk
What are intervening events
events do not break the chain of causation because they are foreseeable
Reasonable human conduct
Medical malpractice (physician, hospital, ambulance ride, etc)
Rescue attempts
Escape attempts where D has put you in danger
Battery
intent to do the act (knowingly or knowing the outcome is practically certain)
harmful or offensive contact to another
causation
actual injury/damages
extend and duration of the actors exercise of dominion or control
the actors intent to assert a right in fact inconsistent with the others right of control
the actors good faith
extent and duration of the resulting interference with the others right of control
the harm done to the chattel
and the inconvenience
Ways to prove actual causation (2)
Evidence
Res Ipsa
Secondary Assumption of risk
what are superseding events
events break the chain of causation
Criminal acts by third parties
Intentional torts by third parties
Gross/extraordinary negligence by third parties
Nature or acts of god
These acts are not generally foreseeable (however, if you leave your keys in your car and it is stolen, that is reasonably foreseeable)