Intentional Torts
The seven intentional torts
What is Battery, Assault, False Imprisonment, IIED, Trespass to Land, Trespass to Chattel, and Conversion
What is necessary to claim self defense? Two things
What is Necessity and Proportionality
What is the Learned Hand Formula
What is B < P x L
The Burden is less than the probability the harm will occur and expected loss.
What is the Egg Shell Skull rule?
Take the plaintiff as you find them
What is a landowner liable for if someone is not on the premises?
What are Trees. Rural areas have more leeway than urban.
What are the rules for IIED
What is
a. intentional or reckless
b. extreme or outrageous
c. connection between conduct and distress
d. must be severe
What can you NOT use to defend property?
Negligence Per Se can be utilized if...
What is when the negligence results in injury to a member of the class of persons intended to be protected by the legislature and when the harm is of the kind which the statute or regulation was enacted to prevent
When is the substantial Factor test used?
What is when But For fails. (Jurisdictions are all over the place, not necessarily a majority)
What is the duty for all people that could be on your land?
Trespassers - nothing
Licensees - to warn about known conditions (no duty for unknown)
Invitees - warn and repair within a reasonable time
In order to be held liable for trespass to chattel, there must be...
What is Damage
What form of consent is the emergency exception used for and what are the rules?
What is Presumed/Implied consent.
If an actor believes that it is necessary to reduce death and harm and is necessary to act immediately. And the actor has no reason to believe the person would not have consented if possible. (cannot be precautionary)
What does The Professional not cover (the ordinary prudent person of that profession)
What is Clergy and Teachers
Loss of Probability of recovering (NOT function)
What are the exceptions for trespassers to gain a duty?
What sort of threats will not be suitable to claim False Imprisonment
What is not imminent threats/Threats to character (to call the cops, lose your job, tell others you did something wrong)
What are the rules to use Shop Keepers Privilege as a defense?
What is reasonable force, reasonable belief, and reasonable time
At what age can a child NOT be negligent
6.
Sliding scale. Children under 6 are incapable of negligence. 7 – 14 may be negligent, negligence grows every year. 14+ negligent.
What is the Rescue Doctrine?
Allows an injured rescuer to sue the party which caused the danger requiring the rescue in the first place. The heart of the doctrine is the notion that “danger invites rescue”
Must demonstrate – the defendant was negligent to the person rescued and the negligence caused peril, the peril was imminent, a reasonable person would have realized, and the rescuer acted with reasonable care while rescuing
Danger invites Rescue
What are the rules for attractive nuisance?
Knows or has reason to know that children will most likely trespass, that will most likely cause death or bodily harm, and the children do not realize the risk involved and maintaining the burden are slight
Martin hires a construction company to store a small crane on his neighbor Olivia’s vacant lot for one week, with Olivia’s permission. Olivia tells Martin that the crane must be removed by Friday because she is beginning landscaping work Saturday. Friday passes, and Martin forgets to pick up the crane. Olivia begins work on Saturday and finds the crane still sitting on her land. What intentional tort has been committed?
What is trespass to land
A fast-moving wildfire approaches a residential street. To create a firebreak, firefighters break down Jordan’s backyard fence and drive a truck across his lawn without asking permission. The fire never reaches Jordan’s property, but the fence and yard are destroyed.
What is Necessity (public)
During a routine check-up, Dr. Mason briefly examines a patient complaining of severe abdominal pain. Without ordering any imaging or basic lab tests—steps that other physicians in the community would normally take—Dr. Mason diagnoses it as indigestion and sends the patient home. Later that night, the patient suffers a ruptured appendix.
Medical professionals must exercise the level of skill, knowledge, and care ordinarily possessed and exercised by reasonably prudent physicians in the same or similar circumstances. Deviation from accepted medical practice constitutes breach.Here, other physicians in the community ordinarily order imaging or basic lab tests when a patient presents with severe abdominal pain. Dr. Mason did not order any tests and instead quickly diagnosed the issue as indigestion. This failure to follow standard diagnostic procedures suggests his conduct fell below the accepted professional standard. Because the risk of a serious condition like appendicitis was foreseeable and the precautionary tests were routine, Dr. Mason likely breached his duty. (need expert witness!!)
A city park’s maintenance crew fails to replace a broken lightbulb along a walkway, even though they received complaints that the area was pitch-black at night. Later that week, Maria walks through the same unlit section, cannot see a large tree root sticking up from the ground, and trips over it, breaking her ankle. In daylight, the root is obvious and easily avoidable. But For or Proximate Cause?
What is But For
When does a Lessor have to disclose dangerous conditions on their premises.
Bonus point - What is a landlord NEVER liable for?
The lease is signed
Common Areas