Intentional Torts
Define offensive contact
A defendant who knows the plaintiff has a special sensitivity but touches them anyway has committed this type of contact.
A shopper in Target or a customer in Starbucks is this type of entrant.
What is invitee?
A child operating a snowmobile or car is held to this standard
What is the adult standard of care?
If the plaintiff cannot identify any specific act or omission by the defendant, they may use this doctrine to establish breach.
What is res ipsa loquitor?
When multiple fires merge to destroy a house, and each fire alone could have caused the entire harm, courts typically use this test.
What is the substantial factor test?
The torts transferred intent applies to
What is Battery, Assault, False Imprisonment, Trespass to Land, Trespass to Chattels?
The possessor must know or have reason to know that the child will trespass.
What is child land entrant doctrine?
This doctrine applies when the defendant is confronted with a sudden, unexpected event requiring a split-second decision.
What is sudden emergency doctrine?
A plaintiff may argue negligence by pointing out that the defendant failed to follow this.
What is deviation from custom?
The plaintiff must prove “but for” causation by this evidentiary standard.
What is a preponderance of the evidence?
(Defenses) This type of necessity requires the defendant to compensate the plaintiff even though they acted to avoid a greater harm.
What is private necessity?
No duty is the assumption unless some circumstance arises where an exception applies.
What is Nonfeasance?
Under the child standard, a child’s conduct is measured against children of similar age, maturity, experience, and intelligence—making this standard __________.
What is subjective?
Under the patient rule, a doctor breaches duty by failing to disclose this
What is material risk?
State the Thing requirements
California’s Thing v. La Chusa requires a plaintiff to be “closely related,” present at the scene, and aware of the injury as it happens. P suffers severe emotional distress, more than a disinterested bystander would suffer
(Defenses) Under this rule, a defender’s use of force to protect a third party is justified only if the third party had the legal right to use self-defense.
What is the “limited privilege” rule in defense of others?
To determine foreseeability in duty to protect
What is Prior or similar incidents test, Balancing test, Totality-of-the-circumstances test?
This phrase emphasizes that the RPP test is objective, not based on the defendant’s personal traits or experience.
What is “same or similar circumstances”?
Helps determine whether a defendant failed to act as a reasonably prudent person in some evidence jurisdictions.
What is B < P L?
Two special exceptions universally allow NIED recovery without impact, physical danger, zone of danger, or Thing/Dillon requirements.
What are negligent death notification and mishandling of a corpse?
Abuse of authority, patterns of harassment, or exploiting known susceptibility all help prove this element of an intentional tort.
What is extreme and outrageous conduct (element of IIED)
State all of the Rowland Factors
What is:
The foreseeability of the harm of the plaintiff
The degree of certainty that the plaintiff suffered injury
The closeness of the connection between the defendant’s conduct and the injury suffered
The moral blame attached to the defendant’s conduct
The policy of preventing future harm
The burden to the defendant and the consequences to the community of imposing a duty to exercise care with resulting liability for breach, and
The availability, cost and prevalence of insurance for the risk involved
Inexperience, clumsiness, or low intelligence do not change the standard of care because the test remains this.
What is objective?
Even when an industry consistently follows a dangerous practice, courts may reject it if it falls below this standard.
What is the reasonable prudent person standard?
California’s Burgess case creates this, allowing direct NIED without impact or being in the zone of danger.
What is a pre-existing duty?