Intentional
Torts
Torts
This level of intent is satisfied when the actor knows with near-certainty that harmful or offensive contact will occur, even without desiring it
What is substantial certainty?
trespass to land requires this type of invasion—meaning physical intrusions like objects or people, not just noise or light.
What is a tangible invasion?
Under shopkeeper's privilege, detention must satisfy these three reasonableness requirement
What are reasonable suspicion, reasonable time, and reasonable manner?
When an activity involves greater danger, the reasonable person standard requires this to increase proportionately.
What is the level (or degree) of care?
This type of defect occurs when a specific unit deviates from the intended design, like a contaminated bottle
What is a manufacturing defect?
Contact is deemed offensive if it would offend this standard, making it an objective test.
What is a reasonable sense of personal dignity (or a reasonable person)?
Even without proving actual harm, a plaintiff can recover these minimal damages for intentional trespass to land.
Nominal Damages
Self-defense requires that the threat be this type—meaning without significant delay—and that force be proportionate
What is imminent
Minors engaging in these types of activities, like driving, are held to the adult standard of care.
What are adult activities (or inherently dangerous activities)?
This type of defect exists when a product lacks adequate information about non-obvious risks of harm
What is a warning defect (or failure to warn)?
This mental state is NOT required for assault; mere awareness or comprehension of the threat suffices.
Fear
Conversion requires this degree of interference with another's chattel that warrants forcing the defendant to pay full valu
What is substantial interference (or serious interference)?
Under this doctrine, an initial aggressor cannot claim self-defense unless they clearly do this first.
What is ccommunicating withdrawal
This doctrine shifts the burden of proof to defendants when the harm ordinarily doesn't occur without negligence and defendant had exclusive control.
Under modern products liability law, proving this type of defect typically requires showing a reasonable alternative design
design defect
This type of threat may constitute assault only if the condition demanded is unreasonable or illegal.
What is a conditional threat?
These two types of damages are NOT available for trespass to chattels: damages without actual harm and damages for this alone.
What are nominal damages and pure emotional distress?
ven without actual authority, confinement can occur through this—when the plaintiff reasonably believes the defendant has authority.
What is color of authority
When multiple tortfeasors contribute to an indivisible injury, they may be held to this type of liability for the entire harm.
What is joint and several liability?
Under the doctrine of enterprise liability, manufacturers can spread accident costs by doing this to product prices.
What is raising prices (or passing costs to consumers)?
This defense defeats battery unless the act exceeds its scope, is obtained through coercion, or involves unknown violations.
Consent!
This type of necessity privileges the entry or use of another's property but still requires payment for any damages caused.
What is Private Necessity
Exculpatory clauses are generally enforceable for these types of activities that are voluntary and recreational.
What are discretionary activities?
This doctrine redefines the injury as the loss of a probability of a better outcome, commonly used in medical malpractice.
What is the lost chance doctrine?
This limitation on products liability prevents recovery for losses like repair costs or diminished value without physical injury or property damage.
economic loss rule