Torts Bar

Front 1

Intentional Torts

Back 1

A. Extreme Sensitivity disregarded; always assume ordinary sensitivity.

B. No Incapacity Defenses

C. Common Element: Intent- desire to produce the forbidden conduct.

D. List: battery, assault, false imprisonment, intentional infliction of emotional distress, trespass to land, trespass to chattels, conversion.

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Battery

Back 2

-Intent, Harmful or Offensive Conduct (offensive: unpermitted by ordinary sensitivity), w/P's person (fist, object, P connected with).

Front 3

Assault

Back 3

-Intent,
-D places P in apprehension (knowledge of imminent touching),
-Of an Immediate Battery (words alone or conditional words are insufficient; showing gun or shaking fist are sufficient).

Front 4

False Imprisonment

Back 4

Intent, Act of Restraint (act/reas threat/omission that P aware of), Confinement of P, in a Bounded Area (no reas means of escape).

Front 5

Intentional Infliction of Emotional Distress

Back 5

-Intent,
-mess w/their head w/outrageous conduct (exceeds decency- happens frequently, fragile class, more than mere insults),
-Severe Distress.

Front 6

Trespass to Land

Back 6

-Intent to move
-Act of physical invasion: thru either entering prop or throwing object onto land
-Land: air above & soil below reas distance

Front 7

Trespass to Chattels

Back 7

-Intent
-Deliberately damaging the chattel (small is TtC, big is conversion)
-Remedy: cost of repair, rental value

Front 8

Conversion

Back 8

-Intent
-Taking away the chattel
-Remedy: full value

Front 9

Affirmative Defenses

Back 9

-Consent
-Self-Defense, Defense of Others, Defense of Property
-Necessity
-Discipline

Front 10

Consent

Back 10

1) Legal Capacity: consent, minor

2) Express or Implied
a) Express: spoken/written words, UNLESS fraud/duress
b) Implied: custom/usage or D's reas interpretation of P's objective/observable conduct.

3) Scope: if D exceeds scope he's liable.

Front 11

Self-Defense, Defense of Others, Defense of Property

Back 11

-Proper timing
-reas belief that invasion is genuine.
-no more force than necessary

Front 12

Necessity- only 3 property torts

Back 12

1) Public Necessity: invade prop in emergency to protect public

2) Private Necessity: invade prop in emergency to protect own interest- D must pay for actual harm, but allowed to remain as long as emergency (Sanctuary)

Front 13

Discipline

Back 13

parent/teacher may use reas force to discipline child, depending on age/sex of child + seriousness of behavior.

Front 14

Public Defamation

Back 14

-matter of public concern.

-3 Defamation elements, plus: Falsity (what D said is false) + Fault (D didn't make reas & GF misstatement- knew false or recklessly spread falsehood)

Front 15

Invasions of Privacy: 4 Torts

Back 15

A. Appropriation: use P's name/picture for commercial advantage, UNLESS newsworthiness exception.

B. Intrusion: invasion of P's seclusion by means objectionable to avg person. P must have reas expectation of privacy in the location.

False Light: widespread dissemination of material falsehood re: P that would be objectionable to avg person, even if GF. Damages- emotional/psychological upset.

D. Disclosure: widespread dissemination of confidential info re: P taht would be objectionable to avg person (financial/medical/academic), UNLESS newsworthiness or dual-life fact patterns (conservate mayor attends nudist fxns)

E. DEFENSES: consent, privileges (false light & disclosure)

Front 16

Negligence Elements

Back 16

Duty, Breach, Causation, Damages.

Front 17

3 SL Torts

Back 17

A. Injuries caused by Animals
-domesticated: only SL if knowledge of dangerous propensities
-trespassing cattle: damages
-Wild: SL

B. Ultrahazardous Activities: any D engagin in UA is SL
1) Can't be made safe using existing tech
2) Risk of severe harm
3) Uncommon in community (explosives, nuclear)

C. Consumer Products injuries
1) D is merchant (routinely deals in goods of that type)

2) Product itself has a defect
a) Manufacturing Defect- aberration
b) Design Defect- lacks adequate safety info or a safer alternate design

3) Product hasn't been altered since it left D's hands (presumed if normal chain of distribution)

4) Foreseeable Use (even some misuses)

D. Affirmative Defenses, include comparative fault

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Nuisance

Back 18

Use & Enjoyment of property has been interfered w/to an unreasonably degree.

-Ct weighs P & D interests.

Front 19

Vicarious Liability

Back 19

-Passive Party can be held liable b/c of relationship flowing from passive party to active tortfeasor.

-Relationships:
1) Employer/ee; Pr/Ag; Master/Servant, IF scope of employment. NOT intentional torts UNLESS force part of job, repo man, or misguided effort to serve employer's interests (store security & shoplifter).

2) Hiring Party & Independent Contractor: HP not liable for intentional torts of IC, UNLESS land possessor's IC hurts an invitee

3) Car Owner & Authorized Driver: NO vicarious liability, UNLESS driver performing errand for owner.

4) Parents/Children: parents not vicariously liable for children's torts.

Front 20

Co-Defendant Rights

Back 20

-comparative fault for co-D contribution.

-EXCEPTIONS allowing Indemnification: vicariously liable or SL Products case (non-manu indemnified by manu)

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Loss of Consortium

Back 21

-Uninjured spouse of P can ask for 3 types of damages: loss of services (maid), society/companionship, & sex.