(1) Act by the D, (2) intent to cause harmful or offensive contact, and (3) harmful or offensive contact occurs
What is battery?
100
(1) Failure to notify of material risks/alternatives; (2) P if informed would not have consented to the treatment; (3) Occurrence of the undisclosed risk occurs
What is informed consent?
100
Invitee, common carriers, innkeepers/guests, employees/employers, temporary custodian/charge, shipmaster/seaman
What is a special relationship?
100
No causation in fact that D's negligence resulted in the death of P because P had less than 50% of survival. Only applies in medical malpractice cases
What is the Loss Chance Doctrine (Herskovits)?
100
D's extreme or outrageous conduct intentionally or recklessly causes P severe emotional distress
What is IIED?
200
Privileged use of reasonable force that a reasonable person would use under the circumstances for the purpose of defending oneself against a reasonable belief of an unwarranted attack on the part of another
What is self-defense?
200
Direct/indirect, foreseeable consequences, foreseeable P, proportionality, tenuousness of the connection
What are the proximate cause factors?
200
No recovery if D's conduct causes P to lose money by P does not suffer bodily harm or property damage
What is pure economic loss?
200
Common plan, design, intent, purpose. At least one D did not cause the harm, but both are liable
What is acting in concert?
200
Does not guard against what cannot be anticipated.
What is a reasonably prudent person?
300
D's extreme or outrageous conduct, intentionally or recklessly causes P's family immediate family member, who is present, severe emotional distress
What is third party IIED?
300
D is liable for aggravating pre-existing conditions because D takes P as he finds him. D is liable for unforeseeable consequences from physical injury
What is the thin skull doctrine?
300
One who voluntarily undertakes to perform rescue must do so with care. Liable for leaving P in worse off position
What is misfeasance?
300
Independent acts leading to an indivisible injury. Both are but for causation's of P's harm
What is concurrent cause/substantial cause?
300
Negligence per se, presumption of negligence, evidence of negligence
What are the effects of using a statute as a standard of care?
400
To invade or damage the property of another in order to avoid destruction or damage to your own self or property.
What is private necessity?
400
Intentional criminal acts and suicide
What are generally superseding, intervening causes?
400
Special relationship to the P; D caused P's peril; D assumed duty; special relationship with the third party; failure to warn
What are the exceptions to the general no bystander liability theory?
400
Infliction of intentional injury, misperformance of an unrelated injury, operate on the wrong patient
What are exceptions to original tortfeasor's liability for negligent medical treatment of the injured victim?
400
2 or more Ds contribute to P's injury, each is subject to judgement for the total amount, but P only gets one recovery
What is joint and several liability?
500
Does not necessarily equate to fear. D must have apparent ability to cause harm
What is imminent apprehension?
500
(1) Integrated system of activities, (2) voluntary disclosure unlikely, (3) all had control of instrumentalities at some point
What is the Ybarra policy?
500
On premise with consent for own purposes (family members, social guests)
What is a licensee?
500
Limited to those who ingested or exposed in utero
What is DES recovery?
500
Some of duty of reasonable care is owed. Duty to warn of dangerous conditions on land