TORTS I

1

100

Assault & Battery 

Assault: Intent, imminent apprehension of harmful or offensive contact, no consent

Battery: Intent, harmful or offensive contact, no consent 

200

Elements to 

Trespass to Land  and 

Trespass to chattel 

TL: Intent, interference w/ right to possess 

TC: Intent, interference w/ right to possess, cause harm to chattel 

300

Contributory Negligence

Total Bar. P was negligent, claims nothing

400

Risk Utility Test 

Probability 

Gravity 

Burden

Utility 

500

Premises Liability 

Trespasser 

Liscensee

Invitee 

Lessor-Lessee 

2

200

Explain Self Defense

persons are entitled to defend themselves when they reasonably believe they are about to be seriously injured  

amount of force d exerted 

means or object by which d applies 

manner or method used 

surrounding circumstances

300

Last Clear Chance

P can recover a portion of her damages as long as d was best positioned to avoid causing injury

400

Negligence Per Se (Class Harm Test)

Statute Provided 

Class intended to protect 

Injury intended to prevent

500

Res Ipsa Loquitor

Accident does not usually happen w/o negligence 

Instrumentality in d complete control 

p did not contribute 

(inferred negligence)

3

100

Shop Keeper's Privilege 

reasonable suspicion 

reasonable detention

200

Intent

Knowing w/ substantially Or Purposefully

Transferred Intent: Applies to all Intentional Torts. Not to IIED. 

The following do not negate intent: 

Mistake, child, disability, intoxication

300

Comparative Fault/Pure Comparative Negligence

P can recover what he was not responsible for 

400

Proximate Cause

Foreseeability Test

whether the d should have reasonably forseen

500

Bystander

Default Rule: bystander cannot recover 

Unless: familial relationship to the injured  

4

100

IIED 

Outrageous conduct by d 

Intent to cause or reckless disregard 

sever emotional distress

not consented to 

200

Private Necessity 

Actor is liable for any harm that results from his intrusion 

protecting own private interest, you are privileged to do so 

Exception: actor is privileged by virtue of being able to take certain liberties w/ another's property in the attempt to avoid harm 

300

Modified Comparative Negligence "Less Than"

P recovers as long as p fault is LESS THAN that of d

target is 49 or less

400

Thin Skull/Eggshell Test

Take p as they are

Presumption that the a p with an ailment is foreseeable  

500

Rebuttable Presumption 

Allows the d to challenge the statute

5

100

False Imprisonment

intent to confine

p is aware

no consent 

200

Public Necessity 

privilege to take whatever steps appear reasonable to prevent imminent public disaster 

EXCEPT: 

During actual warfare 

prevent imminent public catastrophe 

abate public nuisance 

300

Expressed Assumption of the Risk 

P explicitly agrees to accept the risk 

400

Misfeasance vs. Nonfeasance

Misfeasance: affirmative steps to take risk (DUTY)

Nonfeasance: failure to act, NO DUTY, unless 

special relationship 

Dangerous instrumentality 

500

Evidence of Negligence

some evidence of negligence, p has not yet met the burden of proof to establish duty and breach by the preponderance of the evidence