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Three Elements
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Act, intent, causation
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Intent
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Purpose of causing consequence or knows consequence is substantially certain
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Transferred intent
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Different tort against same person; same tort against different person; different tort against different person
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battery
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intentional contact with the person of another
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unconsented/ unprivileged
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harmful or offensive- intent to harm or offend
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assault
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intent to harm/ offend through fear
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apprehension of imminent battery
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reasonable apprehension or fear results (mere words not sufficient)
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false imprisonment
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words or acts intended to confine within a fixed space
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actual confinement
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awareness of confinement or harm
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trespass to land
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intent to enter
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actual entrance
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conversion
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intent to exercise substantial dominion
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exercising dominion
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trespass to chattels
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intent to interfere with chattel
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actual interference with use or enjoyment
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harm results
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Intentional Infliction of Emotional Distress
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self defense
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affirmative defense for a real threat
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words do not allow self defense
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defense of property
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cannot use excessive force
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human life > property
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consent
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look at situation
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no need to articulate consent
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consent negates intent
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necessity
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apparent necessity
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purpose (balancing test)
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no other option
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Duty
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reasonable standard of care
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exception for physical but not mental disability
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negligence per se (satisfies duty and breach)
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Breach of Duty
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Assessing foreseeable risks and costs
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Assessing reasonable care
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risk utility analysis
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Evaluating conduct/ custom
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Res Ipsa
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Actual Damages
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medical expenses
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lost earnings
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future earnings
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pain and suffering
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punitive
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Actual cause
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but-for test
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cause contribute to the accident
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Proximate cause
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Scope of the risk
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Is the type of injury within the risk
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is type of risk foreseeable ?
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substantial factor
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direct connection
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remoteness in time and space
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**Intervening persons or forces
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Contributory negligence
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completely bars recovery
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Comparative fault
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Jury determines how negligent
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Interest of Public Policy
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Duty to Protect
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Knowledge of Situation and P vulnerability
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Creates risk to self
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Assumption of the risk
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express or contractual
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implied assumption of the risk
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primary assumption of the risk
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what's their status
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trespasser
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invitee
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licensee
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conditions v. activities
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no need to warn of natural condition
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do need to warn of unexpected conditions
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trespassing child
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attractive nuisance
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dangerous instrumentality
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open and obvious
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No duty to act
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unless you create harm
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defendant relationship with plaintiff
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special relationship?
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duty of landowner/ common carrier
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specific harm
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prior similar incidents
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totality of circumstances
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balancing test
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Defendant relationship with dangerous third party
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special relationship?
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directly and foreseeably exposed
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therapist duty to warn of impending danger
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Negligent Infliction of Emotional Distress
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zone of danger
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direct victim v. bystander
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harm resulting from injury to another
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