Intentional Torts
The intentional infliction of harmful or offensive bodily contact upon another
off land
take reasonable precautions
Basic Negligence defintion
Duty, Breach, Causation, Damages
Strict Liability
liability without regard to fault
Trespass to Land
The intentional, volitional invasion of real property in which P has possessory interest
Assault
D’s intentional infliction of reasonable apprehension of imminent harm or offensive contact
trespasser
Refrain from intentionally or recklessly causing an injury with a dangerous condition
Negligence Per se
(1) a law imposes a specific duty upon someone for the protection of others; (2) the defendant neglects to perform that duty; (3) P is within the class of people the law was designed to protect; (4) the incident was the type of accident the law was designed to prevent; (5) P’s injuries were caused by D’s violation of the law.
Prima Facie Strict Liability
(i) D is a commercial supplier; (ii) D produced or sold a product that was defective when it left D’s control; (iii) the defective product was the actual and proximate cause of P’s injury; and (iv) P suffered damages.
substantial, unreasonable invasion of right to enjoy land
False Imprisonment
D’s intentional confinement of another person
known trespasser
Use reasonable care to warn of a dangerous condition if the landowner knows about (1) the condition, (2) that the trespasser is dangerous close to the condition, and (3) that the trespasser will not realize the risk
Res Ipsa Loquitur
object that caused accident was under D’s exclusive control, and the accident was of a type that ordinarily happens as a result of D’s negligence (or, can you think of someone else who’d be responsible?)
Types of products liability
Manufacturing defect (failure of quality control), Design Defect (the entire product line is defective), Failure to Warn (the product is sold without identifying dangers that may not be apparent to users)
Public Nuisance
(i) the right is common to all members of general public; (ii) the conduct interfering with the right is unreasonable (interferes with health/safety/peace, or illegal, or has a long-lasting effect and the actor knows/should know the significant affect on public); and (iii) P must have suffered significant harm unique to P
IIED
D’s intentional (or reckless) extreme and outrageous conduct that causes severe emotional distress
licensee
Warn of, or make safe, dangerous conditions if landowner knows or should know about both (1) the condition, and (2) that the licensee is not likely to discover the danger
Contributory Negligence
If P breaches the standard of care required for ordinary negligence (reasonable person), and P’s own negligence is a substantial factor causing his injury, his right to recovery is barred.
Negligent Misrepresentation Elements
(1) D makes a representation of material fact; (2) the representation is false; (3) D had a duty to be accurate and had no reasonable grounds for believing the statement to be true when made; (4) D intended P to rely on misrepresentation; (5) P reasonably relied on misrepresentation; (6) P was harmed; (7) P’s reliance was a substantial factor in causing harm
Near Miss Liability
When D’s negligent conduct places P in danger of immediate bodily harm, and P suffers emotional harm as a result, D is liable. Note: P must have been aware in the moment
The intentional, substantial interference with P’s possessory right to chattel
invitee
Use reasonable care to search for and anticipate dangerous conditions and either provide warning or make condition safe
Comparative Negligence
P recovers a percentage of his damages through a comparative analysis. E.g., if a jury finds that the incident is attributable to both the negligence of P and D, P’s damages are reduced by the percentage of P’s fault.
When D negligently causes sudden serious bodily injury to third person, D is liable for emotional harm to P who perceives the event contemporaneously and is a close family member. Note: P must have (i) observed the incident, and (ii) be related by blood or marriage to the victim
Defamation
Common Law Elements: (1) D makes a defamatory statement; (2) the statement is of or concerning P (i.e., a reasonable person would understand the statement is about P); (3) the statement is published to at least one person who understands its defamatory meaning as it refers to P; (4) the statement is false; (5) D acted with fault (negligence or intention); and (6) the statement damaged P’s reputation.