Dats a Tort

Intentional Torts PFCs

100

Trespass to Land

Intent 

act of unauthorized entry onto land of another

damages (entry itself is the damage)

causation

200

Trespass to Chattel

Intent 

interaction with personal property of another

damage to chattel or deprivation of use

causation

300

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

400

Assault

Intent to cause imminent fear or apprehension

volitional act

person actually experiences fear or apprehension

500

Battery

intent to do the act (knowingly or knowing the outcome is practically certain)

harmful or offensive contact to another 

causation

actual injury/damages

Intentional Torts Cont'd

100

Does battery extend to anything...?

(think of the scarf hypo)

battery includes touching items connected to the P body

200

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

300

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

400

Defenses to intentional torts

Consent

Defense of Self

Defense of Property

Necessity (private and public)

500

Factors in determining serious interference for conversion

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 

Strict Liability and Negligence

100

Strict Liability

Intent doesn't matter. causing the injury automatically results in liability

200

Negligence PFC

Duty of due care

breach of duty by act or omission

actual and proximate causation

damages

300

Negligence under.... 

(3 standards used)

Judge Hands Formula

Custom

Statutes

400

Reasonable person

how would a person of ordinary prudence act under similar circumstances? 

novices? experts? children? insanity? disability? wealth?

500

Ways to prove actual causation (2)

Evidence

Res Ipsa 

Negligence Defenses

100

what are the 3 defenses to negligence

contributory negligence 

comparative negligence

assumption of risk

200

Impure 

• majority of jurisdictions—a P can recover their injuries as long as they do not equal or exceed the negligence of D
• Allow the plaintiff to recover the % of their damages only if their contributory negligence is less than that of the defendant. If the plaintiff is 51% negligent and the defendant is 49%, the plaintiff would not be able to recover anything

300

Pure

• apportions liability in direct proportion of fault in all cases
• Allow the plaintiff to recover the % of their damages suffered no matter the comparison with the defendant. Thus if the plaintiff is 95% contributorily negligent while the defendant is 5% negligent, the plaintiff can recover the 5%

400

Primary assumption of risk

• not going to apply liability to certain activities that are dangerous or where the D does not have a duty (e.g. repelling off a building, Nasar driving, white water rafting)

500

Secondary Assumption of risk

• —D owes a duty of due care and P knowingly and voluntarily accepts the risk (e.g. ice skater skating on the ice and getting hurt when the skater knew the ice was made incorrectly)

Causation

100

Factual/Legal/Proximate cause?

• when the harm would not have occurred absent the conduct

200

how is actual causation determined

but for 

multiple sufficient causes 

alternative liability

market share liability 

loss of chance of survival

300

joint and several liability 

• Joint liability—occurs when each of the several obligors can be held responsible for the entire loss if any of the other obligors are unable to pay
• Several liability—occurs when each person has an obligation to pay only a proportionate share which casts the responsibility of the other obligor’s insolvency upon the P

400

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

500

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)