BIG mistake. BIG. HUGE.
talking about trespassing to chattels - I thought it was my property!
Mistakenly believing property is your own is no defense.
This doctor is LIABLE for malpractice.
a doctor must have done something which good medical practice forbids, or failed to do something which good medical practice requires
Res Ipsa Loquitur.
bonus for definition.
“the thing speaks for itself”:
the mere occurrence demonstrates that there was negligence.
little nickname for this defense.
bonus for definition
“Choice of evils” defense: defendant chose to engage in tortious contact to avoid an even more significant harm.
What tort needs to prove "Harmful or offensive contact with plaintiff's person"
Battery
I used self-defense!! but I was sooooo mistaken.....almost all jurisdictions agree that I'm chilling because I had this.
reasonable belief
Consent should stem from this (for doctors)
What is... an understanding decision based on adequate information about the treatment, the available alternatives, and the collateral risks”
prima facie!
the elements the plaintiff must prove in order to recover.
Because of this rule, a bear would not be liable - he did it for the greater good to prevent harm for the general public!
What is absolute privilege?
Emotional Distress needs to be _____ to be liable for intentional infliction of emotional distress.
What is severe?
Let's talk liability: Me (the defendant) didn't know that the plaintiff was even there, I meant to hit someone else!
Liable - my intent to hit my intended victim can be transferred to satisfy the intent necessary for the plaintiff's claim
This rule, abandoned in most states, measures the standard of care by examining the standard in the same community (this is nuts).
What is the locality rule?
The 1st element of Res Ipsa Loquitor.
1. Instrumentality which caused the harm was in exclusive control of defendant or his servants
Private necessity protects me from a lot of things....but not this.
What is the actual damages caused?
This tort is all about IMMEDIATE harmful or offensive contact
What is assault?
Quick! It's an Emergency! But the patient can't give consent! Here are three reasons that it's implied.
1. Patient unable to give consent because of the patient's condition.
2. Risk of death or serious bodily harm if treatment is delayed.
3. A reasonable person would consent in the circumstance
4. The patient would likely consent
For Res Ipsa Loquitor, some jurisdictions can shift the burden of proof with this.
What is a rebuttable presumption?
I can't use private necessity as a defense because I created this...
What is a dangerous situation?
For the 4th element of trespass to chattels, one of these 3 reasons qualifies as actual harm (this is phrased incorrectly).
1. Chattel is impaired OR
2. P loses possession for any possession for any significant time OR
3. damage to chattel or injury to P or P's family member
According to the doctrine of informed consent, a doctor who hasn't fully disclosed risks of a procedure can be liable for one tort, and not this other.
What is a negligence claim, not a battery claim?
Unanimous view is that necessity is never a defense for this crime.
What is taking a person's life?
The use of force is limited to a reasonable amount in light of the age of the party and the severity of the harm.