Prima Facie Intent
This element requires a volitional movement by the defendant
What is a volitional act?
This tort requirees harmful or offensive contact
What is battery?
This defense requires voluntary agreement to the conduct.
What is consent?
These are the four elements of negligence.
What are duty, breach, causation, and damages?
This asks whether the harm would have occurred without the defendant’s conduct.
What is but-for causation?
This form of intent requires only intent to make contact, not that it be harmful or offensive
What is single intent?
This tort requires apprehension of imminent contact– not fear
Consent is measured using this perspective
What is the objective reasonable person standard (from defendant’s perspective)?
This standard evaluates breach using an objective measure.
What is the reasonable prudent person (RPP)?
This limits liability based on foreseeability of harm.
What is proximate cause?
A defendant throws a stick at A but hits B instead. Liability is satisfied under this doctrine.
What is transferred intent?
A defendant says "If you don't give me your phone right now, I'll hit you." This qualifies because it satisfies this requirement.
What is imminence?
A doctor performs surgery beyond what the patient agreed to. Liability turns on exceeding this
What is the scope of consent?
A defendant violates a statute designed to protect a class of persons from a specific harm. This doctrine may establish breach.
What is negligence per se?
Two negligent defendants act, but only one caused the harm and we cannot determine which. The burden shifts under this doctrine.
What is alternative liability?
A defendant intends to move their arm but does not intend any resulting contact. This alone is insufficient because this is missing.
What is intent to cause a particular type of harm?
A defendant makes a threat but cannot physically reach the plaintiff at that moment. This element of assault fails
What is apparent present ability?
A defendant uses deadly force solely to protect property. This defense fails because of this limitation.
What is that deadly force is not reasonable for defense of property?
A defendant violates a statute but compliance would have been more dangerous. This concept allows avoidance of automatic liability.
What is an excuse to negligence per se?
Strict liability for abnormally dangerous activity applies only when the harm results from this type of risk.
What is the inherent risk of the activity?
A defendant intends a minor contact but causes catastrophic injury. Liability still attached because intent does NOT extend to this aspect of the tort?
What is the level of harm (extent of injury)?
A defendant lightly taps someone in a socially acceptable way– but knows plaintiff has an extreme sensitivity to touch. Liability may still attach under this doctrine.
What is the minority known sensitivity exception?
A defendant destroys property to prevent a fire from spreading through a city. Liability does NOT attach because this doctrine creates what type of privilege?
What is an absolute privilege (public necessity)?
A defendant follows industry custom but fails to take inexpensive precautions that would reduce serious risk. Liability still attaches under this rule.
What is the T.J. Hooper principle (custom is not dispositive)?
A manufacturer produces a product that deviates from its intended design and causes injury, even though all care was exercised. This type of defect applies.
What is a manufacturing defect?