Intentional Torts
Trespass to chattels can occur through _____ or _____
Voluntary agreement to a defendant's conduct that negates the wrongfulness of an intentional tort
Consent
Constructive: legally presumed to have knowledge based on circumstances
Actual: knowledge from experience
BPL definition
B= burden of precaution
P= possibility of injury
L= loss
If B < PL then negligence
If B > PL then no negligence
Summers v. Tice: Alternative liability shifts the burden to _____
Defendants
Throwing a rock intending to scare A but hitting B is actionable under this doctrine
Transferred Intent
Shopekeeper's Privilege requires these three elements to be valid
(1) Reasonable belief of theft
(2) Detention in a reasonable manner
(3) Detention for a reasonable time
Robinson v. Lindsay: A child operating a snowmobile was held to this standard of care
Adult standard of care
What are the 3 elements of res ipsa?
(1) Nature of particular accident suggests it was probably due to negligence
(2) Defendant had exclusive control over instrumentality that causes accident
(3) Plaintiff lacks direct evidence of the event causing the injury
Two negligent acts combine to cause one harm. Both are causes-in-fact under this doctrine
Multiple Sufficient Independent Causes
Conversion allows plaintiffs to recover this measure of damages
Full market value of the chattel at the time of conversion
Self defense permits reasonable force when the actor reasonably believes ________
They are in imminent danger of harmful or offensive contact
A blind pedestrian is judged by this standard
A reasonable person with that same disability
Industry custom is _____ evidence of breach
When can increased risk of future harm be recovered?
Locking someone in a room without their knowledge isn't false imprisonment unless this happens
They are harmed or aware of their confinement
A defendant who enters land during a wildfire to save their own property invokes this defense
Private necessity (still liable for actual damage)
D is an experienced sailor and ignores a small craft warning and sails anyway causing injury
Breach of duty- superior knowledge/skill raises the expected care
Elements of negligence per se
(1) violation of a statute/ordinance/regulation
(2) statute itself must protect against type of harm for which recovery is sought
(3) person must belong to class of persons the statute is meant to protect
Elements of alternative liability
(1) more than one tortfeasor
(2) all tortfeasors engaged in similar conduct
(3) plaintiff was injured as a result of the actions of one of the tortfeasors
(4) plaintiff name ALL tortfeasors to action
D believes the land they're on is public but is actually P's private property. D sets up a tent overnight and remains there
Trespass to land- mistake is not a defense
Absolute privilege of public necessity definition:
intrusion or invasion or destruction onto property due to a reasonable apprehension of an imminent disaster
Sudden emergency doctrine elements
(1) party seeking instruction had not been negligent prior to emergency
(2) emergency was sudden and without warning
(3) reaction to emergency was spontaneous, without time for reflection
Define gross negligence and contrast it with ordinary negligence
Gross negligence= reckless disregard or conscious indifference to consequence
Ordinary negligence= failure to exercise reasonable care under the circumstances
Market share liability modifies causation by apportioning damages this way
According to the defendants share of the market, each pays proportionally