Intentional Torts
This tort requires intentional harmful or offensive contact with another.
What is Battery
This defense requires reasonable belief and proportionate force.
The general standard of care.
The default test for actual cause.
What is the But-for test? (But for defendant’s alleged negligent conduct, plaintiff’s injury probably would not have occurred)
This liability standard does not require negligence or intent.
Strict Liability
This tort protects against apprehension, not contact, and requires imminence.
What is assault?
Deadly force is only justified to prevent this level of harm.
What is Death and/or Great Bodily Harm?
Negligence Per Se automatically establishes these two negligence elements.
Used when multiple causes exist and but-for fails.
What is Substantial Factor Test? (For multiple causes, if defendant’s negligent conduct was a substantial factor in causing plaintiff’s injury, then they are an actual cause)
Owners of this type of animal are strictly liable for harm it causes.
What are wild animals and trespassing animals?
This tort can be committed by barriers, threats, or assertions of legal authority.
What is False Imprisonment?
This defense is incomplete and still requires payment for damages caused.
What is Private Necessity?
There is generally no duty to rescue unless...
What is special relationship, defendant created the peril, or assumption of duty?
A third party crime is usually this type of proximate cause unless foreseeable.
What is a superseding cause?
This test determines whether an activity is abnormally dangerous.
The activity must create a foreseeable and highly significant risk of physical harm even when reasonable care is exercised by all actors; and
The activity is not one of common usage
This tort does not require actual damages to be actionable.
What is Trespass to Land?
This privilege allows merchants to detain suspected thieves under strict conditions.
What is ShopKeepers Rule?
This formula balances burden, probability, and loss.
What is the Hand formula?
This rule makes defendants liable for unforeseeable aggravation of foreseeable injury.
What is thin skull rule?
Anyone in this chain can be liable for a defective product.
This doctrine allows liability for all unintended harm flowing from an intentional tort.
What is Extended Liability Principle?
This defense fails if the defendant was the initial aggressor or acting preemptively.
What is Self-Defense?
This doctrine allows breach to be inferred when accidents normally do not occur without negligence.
What is Res Ipsa Loquitor?
Rescuers are foreseeable plaintiffs under this doctrine, except for this group.
What are professional rescuers?
This type of product defect focuses on warnings and instructions.
What is warnings defect?