Intentional Torts
False Imprisonment:
1. D intentionally
2. Confines P
3. P is concious or harmed by confinement
exception: shopkeepers privilege
Exceptions to Consent:
1. Emergency rule
2. Collateral matters
3. fraud, misrepresentation, falilure to disclose
Different RPP Standards:
Higher standard:
Common Carrier
Dangerous Instrumentality
Superior Knowledge, Intelligence, Judgement
Lower Standard:
Child standard (don't forget exception)
Emergency
Mental Disability
Concert of Action
Both tortfeasors acting together, pursuant to common plan
Actual: But For Test. D's negligence was a but for cause of P's injuries.
Proximate:
Person --> Duty question (foreseeable)
Type of harm ---> (foreseeable)
Manner of Harm --> Direct
Extent of Harm --> Direct
Trespass to Land:
1. D intentionally
2. Enters onto the land of another, or causes a thing or third person to do so
OR
1. D recklessly enters onto land of another and causes damage
Self Defense Elements:
1. D acts honestly in using force
2. D has reasonable fear under circumstances
3. D uses reasonably proportionate force
mistakes OK
What are the ways to establish breach?
1. RPP
2. Calculus of Risk
3. Statute
4. Custom
5. Res Ipsa Loquitur
Both defendants are independently responsible for P's entire loss. P can choose to sue either or both for up to 100% of total loss.
Joint and Several Liability
Pure vs. Impure Comparative Fault:
Pure- P can recover any percentage that D was negligent for minus P's own negligence
Impure: P's negligence must be less than 50% in order to recover
IIED:
1. D engages in extreme and outrageous conduct
2. Intentionally or recklessly
3. Causes severe and emotional distress
Limitations to Consent:
1. Conditional
2. Substituted
1. D violated statute
2. P is a person within class statute was designed to protect
3. Injuries are the sort the statute was designed to guard against
4. D's violation of statute caused P's injuries
Alternative Liability
P cannot identify which negligent defendant caused P's injury, but likely only one caused it
Burden of proof shifts to exculpate self. If unable to, J + S
Intervening vs Superseding Force
Intervening: Subsequent acts of negligence that do not break causal connection.
Superseding: act from a third person or other force that breaks causal connection.
Conversion:
1. D acts
2. Intentionally interferes with the chattel of another
3. Resulting in significant dispossession of or damage to chattel
Privilege of Necessity
D is privileged to commit act which would otherwise be trespass to land/chattel in order to protect his person or property if:
1. Emergency situation
2. value of thing preserved is greater than harm caused
Customs for Professionals
Applies to doctors, lawyers, and accountants
Determinative of due care
1. P offers expert testimony establishing standard of care exercised by other professionals
2. P shows evidence that D deviated from that standard
3. But for D's departure, P was injured
Enterprise Liability
2 or more defendants acted independently, but developed industry wide standards, market similar products, common design standards, etc.
Burden shifts to defendants to prove didn't manufacture the product. If unable to, J + S
Indirect Trespass
1. Intentional act affecting interest in exclusive possession of another's land
2. Intent to do the act that results in invasion
3. Reasonable foresight that the act could result in invading P's possessory interest
4. Substantial damage to property
Nuisance:
1. D's actions
2. Intentional and Unreasonably
3. Results in invasion or interference of another's interest in use and enjoyment of land
Defense of Property
2. D has reasonable fear under circumstances
3. Uses reasonable force to prevent or terminate other's intrustion
No Death or SBI except when also threat to personal safety
Constructive v Actual force
Res Ipsa Loquitur requirements
1. Must be an event that does not ordinarily occur absent one's negligence
2. Must be caused by agency or instrumentality within exclusive control by D
3. Must not have been due to any voluntary action from P
Market Share Liability
Each D held liable for the proportion of the judgement that is represented by its share of the market.
1. Fungible product manufactured by all Ds.
2. Injury stems from characteristics of product.
3. Substantial Share. (>50%)
Burden shifts to show did not manufacture product that injured P.
Lack of Informed Consent
Docotrs must obtain informed consent from patients before performing procedures on them.
Rule: What a prudent patient would consider material
ex. risks, alternatives, chances of success, possible side effects