Torts Rule Statements 1. Intentional torts: To establish a prima facie case of intentional tort, plaintiff must prove: (1) the act required is a volitional movement by defendant (2) intent - specific (act to bring about specific consequences) or general (d knew with substantial certainty of the consequences and (3) causation. Intent can be transferred when the d intends to commit a tort against one person but instead injures another person. 2. Battery: Battery is the (1) harmful or offensive contract (2) to plaintiff’s person (3) with the intent (4) and causation. Plaintiff’s person includes anything connected to the plaintiff. 3. Assault: Assault is (1) an act by d creating a reasonable apprehension in plaintiff; (2) of immediate harmful or offensive contact to plaintiff’s person; (3) with the intent (4) and causation. Words alone are not sufficient. 4. False Imprisonment: False Imprisonment is (1) an act or omission of d that confines or restrains plaintiff (2) to a bounded area; (3) with the intent (4) and causation. It is irrelevant how short the period of confinement is. 5. Intentional Infliction of Emotional Distress: It is (1) an act by d amounting to extreme or outrageous conduct; (2) with the intent or recklessness (3) with causation and (4) damages. A bystander may bring a claim for d’s actions by showing (1) they were present when the injury occurred (2) and they are a close relative of the person and (3) d knew of them. 6. Trespass to land: It is the (1) physical invasion of plaintiff’s real property (2) with the intent and (3) causation. It can be done by either a person or object. 7. Trespass to chattels: It is (1) an act by d that inferferes with p’s right of possession in a chattel; (2) with the intent and (3) causation and (4) damages. It can be done through an intermeddling or directly damaging the p’s property. 8. Conversion: It is (1) an act by d that inferferes with p’s right of possession in a chattel (2) the interference is so serious that is warrants requiring d to pay the full value of the item; with (3) the intent and (4) and causation. A less serious interference is a trespass to chattel. 9. Consent: Plaintiff’s consent to d’s conduct is a defense, but the majority view is that one cannot consent to a criminal act. There are two types of consent; express and implied. D is not liable if p expressly consents to d’s conduct. Apparent or implied consent is that which a reasonable person would infer from p’s conduct. 10. Self Defense: When a person reasonably believes that she is being or is about to be attacked, she may use such force as is reasonably necessary to protect against injury. 11. Defense of others: One may use force to defend another when the actor reasonably believes the other person could have used force to defend himself. A reasonable mistake as to whether the other person is being attacked or has a right to defend himself is permitted. 12. Defense of property: One may use reasonable force to prevent the commission of a tort against her real or personal property. A request to leave must first be made unless it would be futile or dangerous. The defense does not apply once the tort has been committed. One may not use force causing death or serious bodily harm unless the invasion of property involves a serious threat a bodily harm. 13. Privelege of arrest: Depending on the facts, the actor may have a privilege to make an arrest of a third person. If the arrest involves a misdemeanor, it is privileged only if for a breach of peace and takes place in front of the d. If the arrest is for a felony, a police officer must reasonably believe that a felony has been committed and that the person he arrests committed it. 14. Necessity: A person may interfere with the real property of another when it is reasonably necessary to avoid a greater harm. There are two types: public and private. Public necessity is when the act is for the public good. Private is when the act is solely for the benefit of a person 15. Vicarious liability: One party will be vicariously liable for the tortuous acts committed by their employee if the tortuous act occurred within the scope of employment. An employee making a minor deviation from his work for his own purpose is still acting within the scope of employment. However, an employer will not be held liable for intentional torts committed by an employee that is not for the benefit of the business. 16. Negligence: In order to claim negligence, p must show (1) a duty on the part of d to conform to a specific standard of conduct (2) a breach of that duty (3) the breach is the actual and proximate cause of p’s injury and (4) damages. 17. Contributory negligence: It is negligence on the part of the p that contributes to her injuries. 18. Comparative negligence: In comparative negligence states, p’s contributory negligence is not a complete bar to recovery. Rather, the jury weigh’s p’s negligence and reduces damages accordingly.
19. Assumption of risk: P may be denied recovery if she assumed the risk of any damage caused by d’s act. P must have (1) known the risk; (2) voluntarily proceeded in the face of the risk.
20. Strict liability: For strict liability, the following elements must be shown; (1) existence of an absolute duty on the part of the d to make safe; (2) breach of that duty; (3) the breach was the actual and proximate cause of p’s injuries and (4) damage to the p’s person or property. It includes (1) wild animals or animals known to have dangerous propensities (2) ultrahazardous activities – activity involves risk of serious harm, cannot be performed without risk of harm, and not common to community. 21. Products liability: There are five theories of liability that p may use; (1) intent (2) negligence (3) strict liability; (4) implied warranties (5) express warranties. To find liability, p must show a defect and existence of the defect when it product left d’s control. There are three types of defects: manufacturing – the product is different and more dangerous than the products made properly and failed to perform as an ordinary consumer would expect, design – when all the products of line are the same but have dangerous propensities and could have made the product safer without serious impact on price, and inadequate warnings – manufacturer’s failure to give adequate warning as to risks involved in using the product and can be shown through noncompliance with government standard. 22. Nuisance:A private nuisance is a substantial and unreasonable interference with another individual’s use or enjoyment of property that he possesses. Substantial interference is interference that is offensive to the average person in the community. To establish unreasonable interference, the injury must outweigh the utility of the d’s conduct. While, a public nuisance is an interference with the health, safety, or property rights of the community. 23. Defamation: In order to claim defamation the following must be proven: (1) defamatory language (adversely affecting p’s reputation); (2) of or concerning plaintiff (a reasonable person would understand the statement referred to the p); (3) publication by d to a third person (other than p) and (4) damage to p’s reputation (in some cases, they are presumed). If the defamation involves a matter of public concern, the constitution requires the p to prove two additional elements: falsity of the defamatory language and fault on the part of the d. 24. Malicious prosecution: A prima facie case includes (1) institution of criminal proceedings against p (2) termination in p’s favor (3) absence of probable cause; (4) improper purpose and (5) damages. 25. Appropriation of p’s picture or name: It is necessary to show unauthorized use of p’s name for d’s commercial advantage. 26. Intrusion upon p’s affairs or seclusion: The act of intruding must be objectionable to a reasonable person. The intrusion must of a private nature. 27. Publication of facts placing p in a false light: False light exists where one attributes to p views he does not hold. It must be something objectionable to a reasonable person under the circumstances. 28. Public disclosure of private facts about p: It is public disclosure of private information about p. It must be objectionable to a reasonable person of ordinary sensibilities. 29. Misrepresentation: P must show (1) misrepresentation of a material fact; (2) scienter – knew or should have known was false; (3) intent – to induce in reliance of d’s statement; (4) causation – reliance and (5) damages. Approaches 1. 2. Intentional torts: Define, Apply facts, causation, damages, defenses. Quasi-intentional torts: defamation, privacy. a. D: defamatory stmt, of p, publication, damages, defenses b. I: misappropriation, intrusion, false light, public disclosure, defenses. Negligence: Duty, breach, causation, damages. Strict Liability: ultrahazardous activities, wild animals, domestic. Nuisance: private/public Products liability: negligence, strict., express, implied, misrepresentation. a. Strict: proper p, proper d, defective product, actual/proximate cause, defenses, damages Vicarious liability: respondeat superior, parent, independent contractor.
3. 4. 5. 6. 7.