Intentional Torts
3 things required to establish a prima facie case for ANY Intentional Tort?
2) INTENT by the defendant
3) CAUSATION of the result to the Plaintiff form the Defendant's act
Firefighters Rule?
Cops and Firefighters cannot recovery damages for the inherent risks associated with their jobs.
Elements of Assault?
1) Defendant creates a reasonable apprehension in plaintiff (P sees harm coming)
2) of immediate Battery.
WORDS ARE NOT ENOUGH, NEED CONDUCT.
Elements of Negligence?
DUTY
BREACH
CAUSATION
DAMAGES
What type of Defense is NOT permitted for Intentional Torts?
ANY INCAPACITY DEFENSE.
i.e. Children, the insane, the mentally handicapped are ALL RESPONSIBLE FOR THEIR TORTS.
Elements of False Imprisonment?
1) act OR omission by defendant that confines or restrains plaintiff;
2) Plaintiff must be confined to a bounded area.
NOTE: P must know of confinement OR be harmed by it.
Negligence standard of Children & Professionals?
Children: subjective standard: think child of same age, intelligence and experience. Children under 5 CANNOT be negligent.
Professionals: held to standard of average member in same profession. or occupation in good standing.
5 Intentional Torts under the Transferred Intent Doctrine?
Assault
Battery
False Imprisonment
Trespass to Land
Trespass to Chattels
Explain the reasonably prudent person standard?
Basic standard of care (for adults)= reasonably prudent person.
What would a "reasonably prudent person" have done in the Defendant's situation.
NOTE: Standard DOES NOT take into effect mental capacity or inexperience. BUT will take into consideration physical conditions. i.e. if blind, think reasonably prudent blind person standard.
Elements of Battery?
Harmful/Offensive Contact
With the Plaintiff's Person
NOTE: plaintiffs person includes anything attached to the plaintiff (like a purse)
Elements of Trespass to Land?
Intent require?
1) Physical Invasion
2) of Plaintiff's Real Property
D need only to intend to enter the property, doesn't need to know the property belonged to another.
Possessors of Land: Duty to (1) Unknown Trespassers & (2) Known Trespassers?
(1) Duty to Unknown Trespassers: NO DUTY OWED.
(2) Duty to Known Trespassers: make safe/ warn of any: Artificial, Highly dangerous, concealed or known conditions.
Can it be used when harm was to 3rd person?
1) Extreme Outrageous conduct/ act by the defendant.
2) plaintiff suffers sever emotional distress from such act/conduct.
Yes- P must show they were present when injury occurred, bodily harm/P was close relative of 3rd person, D knew all this.
Possessors of Land: Duty to (1) Invitees and (2) Licensees? And define each.
(1) Duty to Invitees: Make safe/ warn of (1) hazardous concealed conditions or (2) hazards known to or easily discoverable by owner.
Invitees are: people invited on land for business purposes, only protected where they were invited.
(2) Duty to Licensees:Make safe/ warn of (1) hazardous concealed conditions or (2) hazards known by owner.
Licensees are invited social guests/ those who enter with permission of owner.
Elements of Strict Liability for Products?
(1) D must be a Merchant
(2) Product is Defective (in design or manufacturing)
(3) Product was not substantially altered since leaving D's control
(4) Plaintiff was making a foreseeable use of the product. (can be a foreseeable misuse of the product)
Trespass to Chattel vs. Conversion
Trespass to Chattel: (1) Interference with P's right of possession. Damages = damage to chattel or damages for loss of use.
Conversion:(1) Interference with P's right of possession (2) interference so severe it requires payment of the full market value of chattel at time of conversion. OR return of the item.
- P is within protected class under statue
- Statute was designed to prevent the type of harm suffered.
If above met, the elements of Duty + Breach are satisfied.
4 Defenses to Intentional Torts
1) Consent (express or implied)
2) Self-Defense
3) Defense of Property
4) Necessity (public or private)
3 Requirements of Negligent Infliction of Emotional Distress?
(1) D is Negligent
(2) P is in Zone of Danger/ or closest related to person injured by D and observed incident.
(3) P suffered physical symptoms from the distress.
2 Major exceptions to the General Rule that no one has a legal duty to act/ rescue?
Special relationship: Parent/Child, common carriers/innkeepers/ shopkeepers to guests, all have special relationships and therefore may have a duty to act.
Peril Due to Own Conduct: If your conduct puts someone in danger you have a duty to act/aid.
Contributory Negligence vs Comparative Negligence?
(NEGLIGENC Q)
Contributory: P is negligent at all in causing harm= TOTAL BAR FOR RECOVERY. (one exception - last clear chance)
Pure Comparative: P can only recover the % that they were not at fault. P's recover will be offset by D's recovery.
- Partial Comparative States: if P is 50% or more at fault then NO RECOVERY.
3 Ways to Prove Breach?
(1) Custom/Usage: D ignored custom/ proper usage.
(2) D violated a statute --> Negligence per se.
(3) Res Ipsa Loquitur: The action speaks for itself, i.e. accident doesn't normally occur unless someone is negligent, and her D was negligent.
Damages available for: Personal Injury and Property Damage?
(NEGLIGENCE Q)
Personal Injury: Economic Damages (medical expenses) and Non-Economic Damages (pain & suffering)
Property Damage: Reasonable cost of repair or if destroyed fair market value.
What are the tests for Actual Cause and Proximate Cause?
Actual Cause: But for Test & Substantial Factor Test. (D's act caused P's Injury)
Proximate Cause: Foreseeability Test (Even tho D's act cause P's injury, was such foreseeable?)
NOTE YOU NEED BOTH ACTUAL AND PROXIMATE CAUSE.
Define:
Vicarious Liability &
Joint & Several Liability
Vicarious Liability: Ability to be held liable for another's torts. (Ex. Employer/employee in scope of employment).
Joint & Several Liability: If 2 or more negligent acts together injure a Plaintiff, each negligent actor can be held liable for the entire injury. (if one D held liable for all damages they may see contribution from other D)