Intentional Torts
Cases
Doctrines & Rules
Negligence
Defenses & Privileges

100

Must act intentionally or with substantial certainty that harmful or offensive contact will occur
What is dual intent?

100

Child wrecked snowmobile.
What is Robinson v. Lindsay (children held to adult standard of care)?

100

Rescuer can recover when D's negligence prompts the rescue and is reasonable and foreseeable.
What is the rescue doctrine?

100

The elements of duty & breach are established when this is proven.
What is negligence per se?

100

This common law rule totally barred the plaintiff's recovery.
What is contributory negligence?

200

Someone intentionally exercises dominion over your property
What is conversion?

200

Children died at unattended landfill.
What is O'Guin v. Bingham County (Negligence Per Se)?

200

Contact occurs as long as it occurs to something within an intimate proximity of the plaintiff
What is extended personality rule?

200

The but-for test, substantial factor test, alternative causes test, and the loss of chance doctrine.
What are the four ways to prove factual cause?

200

In order to have this defense, you may not use direct or indirect deadly force.
What is defense of property?

300

This tort cannot be proven if the victim was unaware.
What is assault?

300

Woman was struck by a scale when a package exploded.
What is Palsgraf (unforeseeable plaintiff/Cardozo and Andrews views)?

300

Under intentional torts, this doctrine can be found in two different ways.
What is transferred intent?

300

To establish this element, it must be proven that the breach is connected to the legally recognized harm that resulted.
What is proximate cause?

300

You may only use this defense if you were acting in fresh pursuit.
What is repossession of chattels?

400

Physical restraint is not necessary for this tort.
What is false imprisonment?

400

Child knocked lantern down a manhole and was burned.
What is Hughes (manner of harm rule)?

400

The fact that the harm was much worse than was foreseeable will not limit liability.
What is the thin skull rule?

400

When causation is unprovable between two or more tortfeasors.
What is alternative causation?

400

To thwart this defense, it must be an essential service.
What is express assumption of the risk?

500

It doesn't matter if you reasonably believe you have the right to do something to commit this tort.
What is trespass to land?

500

Paramedic tripped over raised curb.
What is Ky. River Med. Ctr. v McIntosh (open & obvious danger)?

500

Increased harm is itself the injury for which the negligently injured person may recover.
What is the loss of chance doctrine?

500

Evidence of a violation of this tends to establish a standard but does not necessarily prove a breach.
What is custom?

500

This defense must be reasonable and does allow for a mistake of fact.
What is the shopkeeper's privilege?