Against People
Battery
Harmful or offensive contact with the plaintiff's person intentionally caused by the defendant
Trespass to Land
Intentional act by the defendant that causes a physical invasion of the plaintiff's real property
Consent
Plaintiff with capacity expressly or implicitly consented to the tort and the defendant did not exceed the scope of consent
Contributory Negligence
Traditional rule that completely bars recovery if the plaintiff is found to be at fault in any amount
Definition
Liability is imposed on the defendant for the plaintiff's injury, even though the defendant did not intentionally harm the plaintiff and was not negligent
Assault
A reasonable apprehension of immediate harmful or offensive contact to the plaintiff's person intentionally caused by the defendant
Trespass to Chattels
Intentional act by the defendant that causes an interference with the plaintiff's right of possession in a chattel, resulting in damages
Protective Privileges
The defendant reasonably believed that a tort was in progress or about to be committed against themselves, their property, or a third person
Pure Comparative Negligence
A negligent plaintiff can recover damages reduced by the percentage of their fault, no matter the amount
Wild Animals
Owner is liable for injuries from the animal's dangerous characteristics or incurred while fleeing from the animal
False Imprisonment
Intentional act or omission by the defendant that causes the plaintiff to be confined or restrained to a bounded area
Conversion
Intentional act by the defendant that causes a serious interference with the plaintiff's right of possession in a chattel such that the defendant should be liable for the full cost
Shopkeeper's Privilege
Permits the reasonable detention of someone reasonably believed to be shoplifting goods
Partial Comparative Negligence
A negligent plaintiff can recover reduced damages up to a certain level (usually 50%) but if their fault exceeds the threshold, recovery is totally barred
Domestic Animals
An owner is strictly liable for a domestic animal that causes injury when the particular animal has known dangerous propensities
Intentional Infliction of Emotional Distress
Intentional extreme and outrageous conduct by the defendant that causes the plaintiff to suffer severe emotional distress
Transfered Intent
Intent can transfer from tort to tort or from the intended victim to the actual victim
Public Necessity
Property tort is committed for the greater good
Assumption of Risk
When the plaintiff is aware of a risk and voluntarily preceeds anyway
Abnormally Dangerous Activities
The activity creates a foreseeable risk of serious harm even when reasonable care is exercised by all actors
Respondant Superior
The employer is liable for torts of an employee that occur within the scope of the employment relationship
Transferred Intent Does Not Apply To...
1. IIED
2. Conversion
Private Necessity
Property tort is committed for the good of only a few people
Joint and Several Liability
When two or more tortious acts combine to proximately cause an indivisible injury to the plaintiff the plaintiff can recover all damages from any one of the tortfeasors and the paying tortfeasor can seek contribution from the others
Extent of Liability
The harm must result from the kind of danger that makes the animal or activity abnormally dangerous