Intentional Torts
Elements of Battery (3)
1.) Intent
2.) Contact
3.) Harmful or Offensive Contact
What are the three types of Defenses to Intentional Torts?
1.) Consent
2.) Self Defense and the Defense of Others
3.) Privileges
Elements of Negligence (4)
1.) Duty
2.) Breach
3.) Causation (Factual Cause (Cause-In-Fact) & Proximate Cause)
4.) Damages
Vicarious Liability (2)
1.) Employer/Employee Liability: Exception - Ultra hazardous Activity
2.) Scope of Employment: Frolic and Detour
What are the Defamation Elements? (4/5)
1.) Defamatory statement of fact
2.) Concerning the plaintiff
3.) Publication and
4.) Damages
5.) Public official: actual malice
Elements of Assault (3)
1.) Intent
2.) Apprehension
3.) Harmful or Offensive contact
What are the 5 types of consent?
1.) (A)ctual Consent: Subjective Test
2.) (A)pparent Consent: Objective Test
3.) (S)ubstitute Consent
4.) (I)mplied-in-Law
5.) (E)mergency Doctrine
What are the three owners and occupiers of land, and what duty do you owe to them?
1.) Trespasser: Duty to not willfully harm, warn of concealed dangers deigned to seriously injure, and warn of known or anticipated trespassers of non-evident man-made features that pose a grave danger. NOT concealed natural features, open and obvious dangers, and dangers that don't impose a risk of serious bodily harm.
2.) Licensee: Duty to warn of known artificial and natural concealed dangers, NOT open and obvious ones.
3.) Invitee: Duty to use reasonable care to maintain the premises, but NOT to discover or correct defects or dangers that are not capable of being discovered
What are the two components of NIED?
1.) Zone of Danger (3)
> (1) Plaintiff was in the zone of danger; (2) Could have been physically contacted as a result of the defendant’s negligence; (3) But wasn’t, suffering only emotional distress
2.) Bystander (3)
> (1) Plaintiff was at the scene of an accident; (2) Who witnesses the death, dismemberment, or permanent disability; (3) Of a close family member.
What are the Defenses of Defamation (5)?
1.) Substantial truth
2.) Statement of opinion
3.) Rhetorical hyperbole
4.) Absolute privilege
5.) Qualified privilege
Elements of False Imprisonment (3/4)
1.) Intent
2.) Confine Plaintiff
3.) In a bounded area
4.) Must be aware OR if unaware, then harmed
What are the 3 Issues with Consent?
1.) Scope of Consent
2.) Manifestation of Consent
3.) Withdrawl - Mims Test (2)
> (1) Crystal clear stop; and (2) Doctor can safely stop
What are the (4) ways to determine breach? Explain what they are.
1.) Hand Formula
> B<PxL
2.) Negligence Per Se
> (1) Defendant violates statute; (2) with no excuse; (3) and the statute was in place to protect against the type of accident or harm that occurred; and (4) Plaintiff was in the class of persons the state
3.) Custom Evidence
4.) Res Ipsa Loquitor (2)
> (1) Type of accident would usually occur only as a result of negligence on the part of the person in the role of the defendant and (2) the defendant had exclusive control over the instrumentalities of the injury
What are the 3 types of Strict Liability Torts?
1.) Harboring Wild Animals
2.) Harboring domestic animals: Scienter
3.) Abnormally dangerous animals
What are the elements of Slander and Libel?
1.) Slander (4)
> (1) Statements calling into question a plaintiff’s professional competence; (2) Statements that the plaintiff has a “loathsome disease”; (3) Statements that the plaintiff engaged in serious criminal behavior showing moral turpitude (felonies) and; (4) Statements indicating serious sexual immorality or serious sexual misconduct.
2.) Libel
> (1) Libel Per Se: Libel on its face (actionable w/o extra info)
> (2) Libel Per Quod: Not libel on its face (Proof of special damages needed)
Elements of Intentional Infliction of Emotional Distress (IIED) (3)
2.) That the defendant intentionally or recklessly did
3.) That caused the plaintiff severe emotional distress.
When can you use "deadly" self-defense or defense of others.
What are the three D's?
When it's proportional to the threat.
(1) Death; (2) Dismemberment; (3) Permanent Disability
What is the "Cause-In-Fact" portion of Causation (5):
1.) Toxic Torts
> (1) Plaintiff must establish he was actually exposed to the toxic substance; (2)an expert must testify that the toxic substance is capable of causing the disease AND most likely caused the plaintiff’s disease.
2.) Synergestic Causes: EACH FACTOR IS NECESSARY
3.) Multiple Sufficient Causes: EACH CAUSE IS SUFFICIENT
4.) Coordinated Activity (3)
> (1) Action in Concert; (2) Common Design; (3) Substantial assistance or Encouragement
5.) Alternative Causes (3)
> (1) Plaintiff must show each defendant acted unreasonably;(2) then burden shifts to defendant to prove that they did not cause the injury; (3) if they cannot prove it wasn’t them, each can be held liable
What are the three types of Product Liability Torts?
1.) Manufacturing Defect: One batch of the product is messed up
> Food Impurities
2.) Warning Defect: Small a lack of adequate warning accompanying the product about the risks involved in using the product
3.) Design Defect: Flaw in products design
> RAD Test & Consumer Expectation Test
What are the four Business Torts? Try to get their elements if you can! Not needed but try. SHOW IT TO ME RACHEL.
1.) Fraudulent misrepresentation (6)
> (1) False statement or omission of material fact ; (2) Knowledge of falsity or reckless disregard of its truth; (3) Intent to induce reliance; (4) Causation (reliance); (5) Reliance was justified; (6) Special damages.
2.) Negligent misrepresentation (5)
> (1) A misrepresentation made in a business or professional setting; (2) Breach of a duty to the plaintiff; (3) causation; (4) Justifiable reliance and; (5) Damages
3.) Tortious interference with a contract (5)
> (1) Existence of a valid contract between the plaintiff and a 3rd party; (2) The def.’s awareness of the contract; (3) The def. intended to interfere with the contract; (4) Interference was caused and; (5) Economic damages to the plaintiff
4.) Tortious interference with prospective economic advantage
> (1) The plaintiff had a reasonable expectation of future economic advantage flowing from a business relationship between the plaintiff and a 3rd party; (2) Defendant was aware of that expectation; (3) The defendant intentionally and improperly interfered with the plaintiff’s prospective advantage; (4) Plaintiff suffered economic harm as a result
What are the three "real & personal property" torts, and what are their elements?
(Loaded Question... SORRY HAHAHAHAHA)
1.) Trespass to Land (150 points if right)
> (1) Intentional; (2) Act of Entry; (3) Upon Plaintiff's land
2.) Trespass to Chattels (150 points if right)
> (1) With respect to a chattel over which the plaintiff had possession; (2) intentionally; (3) (a) brings contract w chattel that impairs its condition, quality, or value; (b) deprives owner of use a substantial period of time; or (c) dispossess the plaintiff of the chattel.
3.) Conversion (200 points if right, 100 points if you forgot the word "serious")
> (1) The intentional exercise of; (2) dominion or control over the chattel of another that; (3) represented a SERIOUS interference with the plaintiff’s ownership rights such that the defendant’s should be required to pay the plaintiff’s the full value of the chattel
What are privileges in intentional torts? (Government Officials and Public Officials)
Government officials are generally immune from intentional tort claims for discretionary acts (actions at the policy-making, planning, and decision level), but THEY CAN BE sued for ministerial acts (operational level acts). Public officials' immunity protects them from personal liability for the good faith performance of discretionary duties
What is the "Proximate Cause" element of Causation (4):
1.) Foreseeability Test
> Defendant must foresee that protectional for doing harm to prevent someone such as the plaintiff
2.) Intervening Cause: If foreseeable, defendant is liable. If not, it's SUPERSEEDING & breaks chain of causation.
3.) Eggshell Skull Doctrine
4.) Shabby Millionaire Doctrine
Invasion of Privacy Torts (4)
1.) Misappropriation of Name, Image , and Likeness (3)
> (1) W/O P's permission; (2) D used P's name, image, and likeness intending to obtain a commercial advantage; and (3) Caused P an injury.
2.) Intrusion Upon Seclusion (3)
>(1) Intentional Intrusion; (2) Upon the solitude or private affair or concerns of the plaintiff; and (3) in a manner highly offensive to a reasonable person.
3.) Public Disclosure of Embarrassing Facts (3)
> (1) Defendant publicizes info about the plaintiff; (2) The publication would be highly offensive to a reasonable person and; (3) the info is not of legitimate public concern.
4.) False Light
> (1) Defendant made public a matter of a kind; (2) That places the plaintiff in a false light; (3) The false light would be highly offensive to a reasonable person and; (4) Knowledge or recklessness on the def.’s part as to whether the publication would place the plaintiff in a false light
What are the two legal process torts? Try to get their elements (more so their definition)
1.) Abuse of Process: Misuse of particular legal processes within an action
2.) Malicious Prosecution: Defendant institutes legal proceedings against the plaintiff in the absence of probable cause and with the primary purpose being something other than securing the proper adjudication of the claim (must have terminated in a way favorable to malicious prosecution plaintiff (plaintiff won)).