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TORT CHECKLIST
VL
N
D
P
IT
PL
SL
MT
INTENTIONAL TORT CHECKLIST
B
A
TL
TC
C
FI
IIED
NEGLIGENCE CHECKLIST
D
B
C
A
P
D
PRIVACY CHECKLIST
A
IS
FL
PDPF
BATTERY
1. Intent
2. Causation
3. Harmful or Offensive contact
    i. To a Reasonable Person
4. P's person
    i. Anything P is holding, touching or connected to
ASSAULT
1. Intent
2. Causation 
3. Reasonable Apprehension
    i. Apprehension = KNOWLEDGE
    ii. Words alone don't create immediacy, must also be physical conduct
4. Of Immediate harmful or Offensive contact
FALSE IMPRISONMENT
1. Intent
2. Causation
3. Act or Omission that Confines or Restrains
    i. Threats are sufficient, ordinary sensitivity
    ii. P must be aware of restraint or injured by it
4. Bounded Area
    i. Area not bounded if reasonable means of escape. (Dangerous, humiliating, hidden is not reasonable)
IIED
1. Intent or Recklessness
2. Causation
3. Extreme & Outrageous Conduct
    i. Continous or Repetitive, Common Carrier or Inn Keeper, Child, Elderly or Pregnant
    ii. Knowledge of P's extreme fear & acted on it
4. Sever Distress
    i. NO PHYSICAL INJURY REQUIRED
TRESPASS TO LAND
1. Intent
2. Causation
3. Physical Invasion of Real Prop
    i. Tangible/physical objects projected onto land = trespass
    ii. Air above & soil below out to reasonable distance
TRESPASS TO CHATTLES
1. Intent
2. Causation
3. Interferes w/P's right to possession
    i. Slight Interference
4. Damages
    i. Diminished Value
CONVERSION
1. Intent
2. Causation
3. Interference w/P's right to possession
4. Substantial Interference P is entitled to Full Market Value
AFFIRMATIVE DEFENSES TO INTENTIONAL TORTS
1. Consent
    i. Express: Void if obtained through fraud or duress
    ii. Implied: A. Custom (Dr/Patient, Sports Activities. B. Reasonable interpretation of objective conduct.
SELF DEFENSE, DEFENSE OF OTHERS & DEFENSE OF PROPERTY
1. Proper Timing
2. Reasonable Belief in Threat
3. Reasonable Force
4. Necessity:
    i. Public(Absolute, No Recovery): Emergency to protect community
    ii. Private(Liable for damages. P must allow D to remain on prop until safe)
DEFAMATION
1. Defamatory Language
2. Of or Concerning P
3. Publication to 3rd Person
    i. Negligent publication is sufficient
4. Damage to Reputation
    A. Name calling insufficient
    B. Allegation of fact that reflects negatively on a trait of character
    C. Opinion: Reasonable listener would assume if it was fact based
    D. P had to be alive when stmt was made
MATTER OF PUBLIC CONCERN
5. Falsity
6. Fault: Careless, Recklessness
    i. Public Figure: Malice, Intent or Recklessness
    ii. Private Figure: Negligence
LIBEL & SLANDER
1. Libel = Written-Damages Presumed
2. Slander = Spoken-Damages Economic Harm
    A. Slander Per Se: Damages Presumed
      i. Business or Profession
      ii. Crime of Moral Turpitude
      iii. Female is Slut, Whore, etc.
      iv. Loathsome Disease: Leprosy & VD
AFFIRMATIVE DEFENSES TO DEFAMATION
1. Consent: Express or Implied
2. Truth: Bars Claim
3. Privileges
    A. Absolute
      i. Conversations between spouses
      ii. Officers of Gov Speaking in connection of official function
    B. Qualified: Stmts to Police, Letters of Recommendation
      i. Speaker must have reasonable belief info is accurate
      ii. Can't inject irrelevancies
PRIVACY
1. Appropriation: Name or Image for Commercial Purpose
    i. Exception: Newsworthiness
2. Invasion Seclusion: Objectionable to reasonable person (Wiretapping, Surveilance, etc.)
    i. Must be in place of reasonable expectation of privacy
3. False Light: Wide spread dissemination of falsehood, objectionable to reasonable person
    i. Must be to large group of people
    ii. Damages: Emotional Distress
    iii. Reasonable Belief is NO DEFENSE
4. PDPF: Wide spread dissemination private info, objectionable to reasonable person
    i. Truth is NO DEFENSE
    ii. Exception: 1. Newsworthiness 2. Info must be truly PRIVATE
AFFIRMATIVE DEFENSES TO PRIVACY
1. Consent: Defense to all 4 Privacy torts
2. Absolute & Qualified privileges will defeat a FL & PDPF claim
MISCELLANEOUS TORT CHECKLIST
F
NM
NIED
NUISANCE
IWBR
MP
AOP
FRAUD
1. Misrepresentation of material fact
2. D knew or believed stmt was false
3. Intent to induce P's reliance
4. Actual Reliance
5. Justifiable Reliance
6. Damages (Actual Pecuniary Loss)
NIED
D Creates a Foreseeable Risk of Physical Injury to P + PHYSICAL INJURY
1. Near Miss Recovery: P was in the "Zone of Danger" produced by D's Neg. P Suffered Severe Physical Distress
2. Bystander: P suing for Grief. P must be Contemperaneous Observer & Close Family Member.
3. Relationship+Foreseeable Risk of Emotional Injury: Dr/Patient Wrong Diagnosis
NUISANCE
1. Private: Substantial, Unreasonable Interference w/Use or Enjoyment of Prop
    i. Must be Landowner or Leasing Prop
2. Public: Unreasonably Interferes w/Health, Safety or Prop Rights of the Community
NEGLIGENT MISREPRESENTATION
1. Misrepresentation by D in a business or professional capacity
2. Breach of Duty
3. Causation
4. Justifiable Reliance
5. Damages
INTERFERENCE WITH BUSINESS RELATIONS
1. Valid K Relationship or Expectancy
2. D had Knowledge of the Relationship
3. Intentional Interference inducing a breach or termination
4. Damages
MALICIOUS PROSECUTION
1. Institution of Criminal Proceedings
2. Termination in P's Favor
3. No Probable Cause
4. Improper Purpose
5. Damages
ABUSE OF PROCESS
1. Wrongful use of Process
2. Act or Threat against P to accomplish ulterior purpose
NEGLIGENCE
1. Duty
2. Breach
3. Causation
    i. Actual(But For)
    ii. Proximate(Foreseeable)
4. Damage
DUTY
1. Foreseeable Victims
    i. Rescuers are Foreseeable
2. Reasonably Prudent Person Acting under similar Circumstances
    i. Exception: A. Superior, Skill or Knowledge B. D's Physical Characteristics
3. Children 0-4 NO duty or care, Can't be negligent
4. 5-15 Hypothetical child of similar Age, Experience &  Intelligence
5. Child Engaged in Adult Activity = Reasonably Prudent Person Standard
6. Professionals: Average Memger of that Profession Practicing in a Similar Community

BREACH
Identify Wrongful Conduct & Explain Why it was Wrongful
1. Res Ipsa Loquitur: The Thing Speaks for Itself
    i. Accident is a type that would not occur absent Negligence
    ii. Negligence is attributable to D, Exclusive Control
CAUSATION
1. Actual(But For): Injury would not have occurred But For the act
    i. Joint Causes-Substantial Factor: Several Causes, D's Conduct is the cause in fact if it was Substantial Factor in causing injury
    ii. Unascertainable Cuases: 2 acts, 1 causes injury, Don't know which one. Burden Shifts to D to show his Neg is not the actual cause
2. Proximate(Foreseeable):
    i. Direct: Uninterrupted Chain of Events from the Neg act to P's injury. D liable for all Forseeable harmful results.
    ii. Indirect: Intervening Force comes into motion after D's Neg act & Combines to cause P's Injury
* Forseeable Results Caused by Intervening Forces=D Liable
1. Medical Malpractice
2. Negligent Rescuer
3. Reaction or Protection
4. Subsequent Disease or Accident
DAMAGES
1. Egg Shell P: Take the P as he is. Applies to Every Tort!!
DEFENSES TO NEGLIGENCE
1. Contributory Neg: If P is Neg his claim will be barred
    i. Last Clear Chance: Allows P to recover despite his Neg. Person w/last clear chance who fails to do so is liable for negligence.
2. Comparative Neg: P's Neg reduces P's recovery by his % at fault
    i. Pure: Allows recovery no matter how great P's Neg is
    ii. Partial: Bars P's recovery if his Neg was more than the D's
3. Assumption of Risk:
    i. Know of the Risk
    ii. Voluntarily Proceeded in the face of the Risk
PREMISES LIABILITY: DUTY
1. Undiscovered Trespasser: NO Duty
2. Known Trespasser: Duty for KNOWN Artifical Dangerous Conditions
    i. Condition must be Hidden & Highly Dangerous
    ii. NO duty for natural conditions
3. Licensee(Social Guest): Duty to warn of KNOWN HIDDEN Dangers
4. Invitee(Business): Duty to warn of KNOWN or DISCOVERABLE HIDDEN Dangers

5. Child Tespasser:
    i. Reasonable Prudence Owed
    ii. Attractive Nuisance: May be injured by something other than the Attractive Nuisance on the Prop
STATUTE DUTY
1. P is Class of Perons
2. Injury is the Type the Statute is Trying to Prevent

Exception:
1. Statutory Compliance would be More Dangerous than Violation
2. Statutory Compliance is Impossible
AFFIRMATIVE DUTIES
NO Duty to Rescue

Exceptions:
1. Once D begins to Rescue, must do so w/Reasonable Care
2. If D put P in Peril
3. Special Relationship
STRICT LIABILITY
1. Animals
    i. Domesticated: NO SL
       A. Exception: Knowledge of Animals Vicious Propensities=SL
    ii. Wild: SL
       A. Exception: "Bull" on a farm is not a wild animal since it has been Domesticated
2. Abnormally Dangerous Activity
    i. Activity Creates a Foreseeable Risk of Serious Harm even when Reasonable Care is Exercised
    ii. Activity must be one that is not Common Usage in D's Community
PRODUCTS LIABILITY: SL
1. D was a Merchant
    i. Casual Sellers: NO SL
    ii. Service Providers: NO SL
    iii. Commercial Lessors(Rental Car Co): SL
    iv: Every Merchant in the Chain: SL
2. Product is Defective
    i. Manufacturing Defect: Differs from all others that came off assembly line in a way that makes it more Dangerous than Consumers would expect  OR
    ii. Design Defect: Safer, Practical & Cost Effective Alternative Design
    iii. Inadequate Warnings: Failure to give adequate warnings as to risks involved in using the product. Danger must not be apparent to users.
      A. If product can be physically re-designed, a warning is inadequate
3. Product Not Altered
4. Forseeable Use
   
i. Misuse can be Foreseeable
AFFIRMATIVE DEFENSES TO SL/PL
1. Comparative Fault
VICARIOUS LIABILITY
Respondeat Superior
1. Employer/Employee: Must be Within Scope of Employment
    i. Bouncer, Repo Man actions normally w/in Scope
2. Hiring Party/Independent Contractor: Land owner VL if Independent Contractor hurts an Invitee on the Land.
3. Automobile Owner/Authorized Driver: NO VL
    i. If running errand for Auto Owner then VL because driver is acting as agent
4. Parent/Kid: NO VL
CO-DEFENDANTS
1. Indemnity & Contribution
    i. Exception: Indemnification: Out of pocket D gets all of his $ back from the active tortfeasor
    ii. Non-Manufacturer may get all of his $ back from the Manufacturer
LOSS OF CONSORTIUM
1. Uninjured Spouse has a cause of action against all of the D's
    i. Loss of Service (Dishes, Cleaning)
    ii. Loss of Society (Companionship, Friendship)
    iii. Loss of sex
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