Intentional Torts
Intent
physical contact AND
contact is harmful or offensive
What are the elements for Battery?
Any conduct that creates an unreasonable risk of harm to others
What is Negligence
Employer is held liable for their employee's conduct that is within the scope of their employment
What is the Respondent Superior Doctrine
Plaintiff voluntarily accepts risk through behavior.
What is Implied Assumption of the Risk
The plaintiff has the burden of proof to prove each and every element by a preponderance of the evidence
What is the plaintiff burden of proof in a civil liability cause of action?
Conduct that is so extreme and outrages that is goes beyond the bounds of decency and is utterly intolerable in a civilized society.
What is IIED?
Provides in certain situations a criminal statute or regulation may be used to set the standard of care in a negligence cause of action
What is Negligence Per Se
Driving to and from work is not considered to be in the scope of employment
What is the going & coming rule?
P can recover from D even if they were negligent in any part
What is
Pure comparative fault
Modified Comparative Fault (49%)
Modified Comparative Fault (50%)
To satisfy this element of a negligence cause of action, the plaintiff must prove (1) that but for the defendant’s negligent conduct the injury would have never occurred (2) that the defendant proximately caused the plaintiff’s injury
What is causation?
The plaintiff is conscious when the actor intends to confine the other within boundaries filed by the actor and their conduct either directly or indirectly results in such confinement along with no reasonable means to escape
Where separate acts of negligence combine to produce a single injury
What are concurrent causes?
D is held liable even though D does all that is reasonable to take precautions but because of the nature of the activity there is harm
What is Strict Liability?
When a physician acts with no consent or goes beyond the scope of consent
Battery Intentional Tort Action:
Each tortfeasor shall pay only the percentage of their harm caused
What is Modified Joint and Several Liability
The person aiding has the same right to use force that the victim would have been legally able to use.
Highly extraordinary that breaks the causal chain and not foreseeable in the normal course of events, or independent consequence are also unexpected.
What is a Superseding Cause
⋆Comparative fault/Assumption of the Risk by P
⋆Misuse of the product that was objectively unforeseeable
⋆Statute of Limitations
What are the defenses to Products Liability
Held to the knowledge, training, and skill of a member of the profession. In other words, the conduct or behavior is one that an ordinary member of the profession would engage in under the same or similar circumstances
What is the Reasonable standard for a professional
Plaintiff agrees to enter into an agreement with the tortfeasor, relinquishing their claim against the tortfeasor in exchange for consideration
What is a Release?
When a defendant is relieved of the technical tort of trespass but must compensate the plaintiff for the damage done. For example, consider the dispute in Vincent v. Lake Erie Transportation Co.
What is Private Necessity
A defendant’s duty may be measured by the risk of the conduct, the severity of the potential harm, and the cost of the precautions. B (burden of precautions) < P (Probability the risk will occur) L (Gravity of injury)
What is the Hand Formula
⋆(1) Defendant was a Seller;
⋆(2) Product was defective;
⋆(3) The product has not been altered since leaving the defendant’s control; and
⋆(4) the Plaintiff was making a foreseeable use of the product.
What are the elements of Products Liability
What is the negligence action for violating an informed consent law (Actions against Physicians)
One which actively operates in producing harm to another after the actor’s negligent act or omission.
What is an Intervening Cause