Intentional Torts
Elements of battery
Intent to cause a harmful or offensive contact with another's person, and a harmful or offensive contact results
Defense of self and others must be
Reasonably believed necessary under circumstances and proportionate to harm threatened
The default objective standard of care
Reasonable Care
Umbrella term for applying fault to plaintiff and its own standalone system
Contributory Negligence
Res Ipsa Loquitur means
"The thing speaks for itself"
Elements of assault
Intent to cause apprehension of a harmful or offensive contact, and victim is placed in apprehension of an imminent battery
Mistake is allowed as defense for Trespass to Land when
Trick Question: mistake is never a defense
Professionals such as doctors, lawyers, architects, and engineers are held to the standard of
Reasonably prudent professional in same or similar circumstances
Three types of fault systems in negligence
Contributory Negligence, Modified Comparative Fault, Pure Comparative Fault
This doctrine allows employers to be held liable for negligence of employees acting within scope of employment and the phrase means
Respondeat Superior, "Let the master answer"
Elements of Trespass to Land
Intentionally entering or causing entry of another person or object to land rightfully owned by another, without prior authorization or legal privilege
Define Private Necessity
A private individual under reasonable necessity, infringes upon another's property rights to protect private interest
These groups owe a heightened duty of care to customers
Common Carriers and Innkeepers
In a Contributory Negligence State, a plaintiff can still recover if at fault by using
Last Clear Chance Doctrine
Allows plaintiff to bar defendant from asserting assumption of risk as a defense
Rescue Doctrine
Elements of False Imprisonment
Intentionally confining victim to a bounded area determined by tortfeasor, and victim is either aware of confinement or harmed by it
Define Public Necessity
A public official or private citizen, acting under reasonable necessity, infringes on another's property rights while seeking to protect threatened public interests
Name the five elements of the Attractive Nuisance Doctrine
1. Dangerous object or condition on land
2. Attracts child trespassers
3. Children unable to appreciate danger because of age
4. Landowner know or has reason to know condition attracts child trespassers
5. Burden of making safe or warning is minor compared to risk of harm
Awareness of a dangerous condition created by the defendant and still choosing to encounter it
Implied Secondary Assumption of the Risk
Duty owed to an undiscovered trespasser vs a discovered trespasser
Undiscovered: refrain from wanton or willful acts
Discovered: warn of concealed dangerous conditions
Elements of Intentional Infliction of Emotional Distress (IIED)
Intentionally or recklessly engaging in extreme and outrageous conduct that causes severe emotional harm
When a person commits acts that violate prior authorization or privilege
Exceeding scope of consent
To meet requirements of Negligence Per Se, plaintiff must show
They are within class of persons statute is intended to protect and suffered type of harm statute is intended to prevent
Exceptions to the open and obvious danger exception
Landowner knows victim is unable to avoid danger or will fail to protect themselves from it
Name the two judges from Palsgraf and summarize the tests they favored
Cardozo: Foreseeable Zone of Danger
Andrews: Natural and Continuous Sequence