Intentional torts
Harmful or offensive bodily contact with another person
What is the eggshell plaintiff rule and how does it apply to negligence?
The defendant takes the plaintiff as they find them and the defendant is responsible for all damages the plaintiff suffers
When plaintiff's damages are reduced by their percentage of fault?
Pure comparative fault
When there is a minor departure from the scope of employment and vicarious liability still attaches, this is called...
Frolic.
Name at least 2 abnormally dangerous activities
Biohazardous, explosive (dynamite), nuclear weapons, anything else that creates a foreseeable risk of serious harm even with reasonable care
What are the hallmarks of outrageousness?
1. Conduct is repetitive in nature
2. If defendant is a common carrier or innkeeper
3 Plaintiff is a member of a fragile class - young children, elderly people, pregnant women
4. Targeting a known sensitivity
1. Medical malpractice
2. Negligence of rescuers
3. Protectionary or reactionary forces
4. Subsequent disease or accident
When the person had knowledge and appreciated danger?
Assumption of risk
What are the 3 Privacy Tort Defenses
Consent
Absolute Privilege
Qualified Privilege
1. Comparative Negligence
2. Contributory Negligence
3. Assumption of Risk
What is the difference between trespass to chattels and conversion?
The amount of damage to the property - either justifying payment of just damages or the property's full value
What is the standard of care for a medical professional?
The same care as an average member of their profession providing similar professional services.
What is the complete bar to recovery?
Contributory negligence
What is the difference between public and private nuisance?
Standing. Whose rights are you violating?
Owner of a domestic animal is generally not liable unless?
Unless the animal has dangerous propensities that are not common to the species and the owner knows about those propensities
What are the elements of false imprisonment?
What two prongs must be satisfied prior to using negligence per se?
2. The harm suffered is within the risks the statute is trying to prevent.
What is the modern comparative fault approach?
Plaintiff cannot recover if more than 50% at fault, otherwise reduced by percentage of fault
What privacy torts presume damages?
Libel and Slander Per Se
What are the 3 categories of defects?
1. Manufacturing - product failed to perform as safely as anticipated
2. Design - product could have been made safer by D without great change to price/utility
3. Warning - inadequate warnings
What torts will transfer intent?
Assault, battery, false imprisonment, and trespass to land or chattel
What test is used instead of the "but-for" test when there is merged causation?
Substantial factor test - a defendant is liable if the breach contributed in a significant or substantial way to the ultimate injury.
What is the exception to contributory negligence?
Last clear chance - D had last clear chance to avoid accident and didn't
What are the 4 things that are Slander Per Se?
Business/Profession- includes non merchants
serious crime
serious sexual misconduct
loathsome disease
Name the 5 elements of a defective product claim
1. Product was defective
2. Defective condition existed when product left defendant's control.
3. Product did not change before got to user
4. Seller must be in business of selling product
5. Damages resulted from defect