Torts Flashcards
Transferred Intent Doctrine
D is liable for whatever results from intended act, regardless of whether intended the result
List of Intentional Torts
Battery Assault False Imprisonment IIED Trespass to Land Trespass to Chattels Conversion
Battery Elements
(1) Harmful or offensive contact to P’s person
- Harmful = physical injury
- Offensive = unpermitted to person of ordinary sensitivity
- Person includes anything holding/touching/connected to
Assault Elements
(1) Places P in reasonable apprehension of (2) immediate battery
- Apprehension = knowledge; apparent ability creates reasonable apprehension (“unloaded gun”)
- Immediacy = conduct; words INsufficient
False Imprisonment Elements
(1) Act of restraint (2) confining P to a bounded area
- Act - threats are sufficient; failure to act can be act if preexisting duty; P must be aware of OR harmed by it
- Bounded area - Not bounded if reasonable means of escape P can reasonably discover
IIED Elements
D (1) engages in outrageous conduct, (2) intentionally, recklessly, or w utter disregard to P’s emotional tranquility, (3) causing P severe emotional distress
- Outrageous conduct - Insults insufficient; repeated things like debt collection; acts by common carriers/innkeepers; P belonging to fragile class; targeting KNOWN emotional weakness
- Severe emotional distress - No specific evidence needed
Trespass to Land Elements
(1) Act of physical invasion (2) of P’s land
- Act - Physical entry on land by person OR tangible/physical object
- Land - Includes air above+soil below
Trespass to Chattels Elements
(1) Slight interference with chattels (vandalism)
* Mistake of ownership NOT a defense
Conversion Elements
(1) Great interference with chattels (theft)
- Special remedy - Not just cost of repair, but full market value
- Mistake of ownership NOT a defense
Affirmative Defenses to Intentional Torts
Consent
Protective privileges (self-defense, defense of others, defense of property)
Necessity
Consent Defense
P (w capacity) consented
- Express consent
- Implied consent by: (1) custom and usage, OR (2) D’s reasonable interpretation of P’s objective conduct
- Defense to ALL intentional torts
- Void if obtained through fraud/durress
Protective Privileges Defenses
Self defense, defense of others, defense of property
- Threat must be in progress or imminent
- D must have reasonable belief that threat is genuine
- Force must be proportionate; deadly force not allowed for defense of property
Necessity Defenses
- Public necessity - Protecting community/group of ppl
- Private necessity - Protecting D’s interest from catastrophe
- Private necessity only a partial defense; must pay compensatory damages
Negligence Elements
(1) Duty, (2) Breach, (3) Causation, (4) Harm/damage
To Whom a Duty Is Owed
“Foreseeable victims”, like those in the “zone of danger”
- Rescuer exception - Rescuer can sue for damages if comes to the scene and gets hurt
Default Standard of Care
Reasonably prudent person acting under similar circumstances
- Exceptions: (1) Superior skill/knowledge, (2) D’s physical characteristics may be relevant
6 Special Duty Standards
Children Professionals Premises liability cases Statutory standards of care Duties to act affirmatively NIED
Children Standard of Care
No duty for <5 yo; >=5 yo must behave like children of similar age, experience, and intelligence under similar circumstances
- Adult activity exception
Professionals Standard of Care
Care of an average member of the same profession providing similar professional services (“custom”)
- Informed Consent doctrine - Doctors must disclose risks of treatment
Premises Liability Standards of Care
(1) Unknown trespasser - No duty
(2) Known/anticipated trespasser - Known, man-made death traps
(3) Licensee (enter w permission, but don’t enrich) - All known traps
(4) Invitee (enter w permission to enrich OR enter a public space) - All reasonably knowable traps
- Firefighters/police officers - Can’t recover if injuries are from inherent risks of job
- Trespassing kids/attractive nuisance doctrine
- Satisfy by repairing or giving warning
Statutory Standards of Care
Apply a criminal statute if (1) designed to protect P’s class of ppl, AND (2) designed to prevent type of injury
- AKA “negligence per se”
- Exceptions: (1) If compliance would’ve been more dangerous than violation, (2) If compliance was impossible
Duties to Act Affirmatively
NO such duties
- Exceptions: (1) Pre-existing (legal) relationship, (2) D caused the danger
- If you act even tho no duty, liable if you negligently fuck it up
NIED
(1) Establish duty under another negligence standard
(2) If no physical injury:
(a) Near-miss - P (1) was in zone of danger, AND (2) emotional distress had physical manifestations
(b) Bystander - (1) P and victim were close family members, AND (2) P witness injury in real time
(c) Business relationship - E.g. patients/labs, funeral parlor/customers
Breach
- Showing fact+reason
- Res ispa loquitor - Requires (1) accident is a type normally associated w negligence, AND (2) accident of this type would normally be due to negligence of someone in D’s position/D had control over injury-causing item at time
Types of Causation
Actual cause/cause-in-fact
Proximate cause
Actual Cause
- Default = But-for test (Was the breach necessary for producing the injury?)
- Merged cause scenarios - Substantial factor test (Did each contribute in a substantial way? If one was capable, both were substantial factors)
- Unascertainable cause - Burden shifts to Ds
Proximate Cause
Foreseeability of harm/fairness of liability
- 4 foreseeable/liable outcomes:
(1) Intervening negligent medical treatment
(2) Intervening negligent rescue
(3) Intervening protection/reaction forces
(4) Subsequent disease or accident
Eggshell Skull Doctrine
P recovers for all harm suffered, even if it’s surprisingly great in scope
- Applies to ALL torts
Comparative Negligence Defense
P failed to exercise proper care for his own safety
- Proper care - Could be of a reasonably prudent person; could be from a self-protecting statute
- Default/pure - Assign damages based on blame %
- Modified/partial - If P is >50% to blame, no damages
Strict Liability Categories
Animals
Abnormally Dangerous Activities
Products
Strict Liability for Animals
Strict liability for (1) wild animals, regardless of safety precautions, and (2) domestic animals with known vicious propensities
Strict Liability for Abnormally Dangerous Activities
Must be (1) foreseeable risk of serious harm even w reasonable care, AND (2) uncommon in area where it’s being conducted
Strict Liability for Products
(1) D is a merchant, AND (2) product is defective, AND (3) product wasn’t altered since left D’s hands, AND (4) at time of injury, P was making a foreseeable (not necessarily proper) use of product
* Merchant - Includes upstream entities and commercial lessors; EXCLUDES casual sellers and service providers
- Manufacturing defect - Product differs from others coming off the line
- Design defect - Costs of the design outweigh its benefits such that a reasonable merchant wouldn’t put it on the market; show an alternative design that is (1) safer, (2) economically feasible, AND (3) practical
- Information defect - Failure to adequately warn of unavoidable risk that isn’t obvious
*Presumption that product not altered if has moved in ordinary channels of distribution
Comparative Responsibility Defense to Strict Liability
If D can prove P was careless/reckless, recovery is reduced
Nuisance
Unreasonable interference with P’s ability to use and enjoy property
- Balancing of interests tests
Vicarious Liability
- Employer-employee - Employer liable if tort committed within scope of employment; intentional torts outside scope unless job involves use of force
- Hiring party/independent contractor - No vicarious liability, unless IC works on your property and hurts your customers
- Car owner/driver - No vicarious liability, unless owner asks driver to do something
- Parent/child - No vicarious liability
Loss of Consortium
Spouses always have separate claim when partner is injured
- Recover for:
(1) Loss of household services
(2) Loss of society/companionship
(3) Loss of sex
