Intentional Torts
The torts of assault and battery require the Defendant to have intended this instead of a specific harmful outcome
What is their own actions?
The Defendant owes this type of legal duty when engaged in risk-creating conduct to foreseeable Plaintiffs
What is a general duty?
When a Defendant does not do what a reasonably prudent person would do, this occurs
What is breach?
This type of damages is meant to compensate the plaintiff for their injuries and economic losses.
What are compensatory damages?
This type of claim has 5 very simple elements for the Plaintiff to prove (and no, it's not negligence)
What is products liability?
This type of intentional tort requires harmful or offensive contact with the Plaintiff's body
What is battery?
A typical standard of care compares the Defendant's behavior to that of this type of person in the same circumstances
What is a reasonably prudent person?
This test for causation asks whether the Plaintiff's injury would have happened "but for" the Defendant's conduct
What is the cause-in-fact test?
What is assumption of the risk?
This type of activity is characterized by the use of explosives, chemicals, or industrial machinery
What is an abnormally dangerous activity?
This type of intentional tort has 4 elements the Plaintiff must prove
What is IIED?
A Defendant owes this type of duty to warn guests of known, concealed dangers on their property
What is a landowner duty?
This test for causation looks at whether the Plaintiff's injury was a foreseeable consequence that the Defendant should have anticipated
What is the proximate cause test?
This type of damages is meant to punish the Defendant for their conduct, but the Plaintiff still keeps the money
What are punitive damages?
This type of defect occurs when an item was made in a way that results in harm to a plaintiff using the item
What is a manufacturing defect?
What is severe enough distress that it adversely affected their mental health?
This is the standard of care when there is a clear practice or tradition within the Defendant's profession
What is custom?
This event interrupts the chain of causation, examples include a third party's criminal conduct or an "act of God"
What is a superseding, intervening force?
Some states use this type of defense, in which the Plaintiff's own negligence completely eliminates the amount of their own damages
What is contributory negligence?
A defendant is liable for harm caused by this type of animal when they knew or should have known the animal had a propensity to harm others
What is a domesticated animal?
This can be a defense to IIED
What is the First Amendment?
This is the standard of care when there is a statute clearly intended to prevent injuries like the Plaintiff's
What is Negligence Per Se?
This test can be used to assess whether a Defendant should have taken greater precautions to prevent harm to the Plaintiff and is thus in breach of their duty
What is the Learned Hand test?
Some states use this type of defense, in which the Plaintiff's own negligence reduces or eliminates the amount of their damages
What is comparative fault?
What is using the product in a way it wasn't meant to be used?