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Intentional Torts (7)
1. Battery
2. Assault
3. False Imprisonment
4. Intentional Infliction of Emotional Distress
5. Trespass to Land
6. Trespass to Chattels
7. Conversions
Transferred Intent
D intends to commit a tort against one person but instead 1) commits a differnt tort against that person, 2) commits the same tort as intended to a different person, or 3) commits a differnt tort against a different person.
Transferred Intent (which ones apply)
1) Assault
2) Battery
3) False Imprisonment
4) Tresspass to Land
5) Trespass to Chattels.
Battery (4)
1. Harmful or offensive contact from defendant AND
2. Contact must be with P's person AND
3. Intent AND
4. Causation.
"Harmful" contact
Contact that impairs the body of the P (bleed, broken bones) - few q's on bar
"Offensive" contact
Contact is offensive if it is unpermitted by a person of ordinary sensitivity
"Plaintiff's person"
Includes anything the P is holding or touching; anything connected to the P.  Intimate object not necessarily connected (false teeth on the nightstand)
Assault (4)
1. D must place P in reasonable apprehension AND
2. Apprehension must be of an imminent or immediate harmful or offensive contact AND
3. Intent AND
4. Causation.
"Apprehension"
-Knowledge/awareness, NOT fear (they will try to trick you with David/Goliath Q). 
-Focus on P's knowledge.
-Does not req certain knowledge, just reason to know or suspect
"Imminent or immediate battery"
Words alone not enough.  Conditional words can negate threat.
False imprisonment (4)
1. D must commit an act or omission that confines or restrains P AND
2. P must be confined in a bounded area AND
3. Intent AND 
4. Causation.
"act of restraint" (3 points)
-threats are sufficient, but must affect a reas person (turn you into a unicorn)
-omission counts if there was a preexiting duty (wheelchair on a common carrier)
-P must know of act of restraint OR there must be a physical injury
"bounded area"
Not bounded if there is a reasonable means of escape that P can reasonably discover (can't be hidden, dangerous, or disgusting)
Intentional Infliction of Emotional Distress (4)
1. Act by D amounting to outrageous conduct (exceeds all bounds of decency tolerated by a civilized society) AND
2. Intent or recklessness AND
3. Causation AND
4. Damages - Severe emotional distress to P
"outrageous conduct"
Conduct is outrageous if it exceeds all bounds of decency tolerated in a civilized society
Not "outrageous"
-mere insults
-hypersensitivity (unless D knew of it previously)
-Exercise of 1st amendment rights
Hallmarks of "outrageous" conduct
1. Repetitive or continuous behavior (repeated sexual advances, debt caller)
2. D is common carrier or innkeeper (can't give you room b/c you're ugly)
3. P is member of fragile class of persons (young children, elderly persons, pregnant women)
"Severe emotional distress"
Does not have to have physical symptoms.  ON bar, "P is mildly annoyed" - not severe.
Tresspass to Land (4 elements)
1. D must commit act of physical invasion on P's real property AND
2. Act must interfere with P's possession of the land AND
3. Intent AND
4. Causation.
"Physical invasion"
-only intent needed is intent to put one foot in front of another
-error, mistake, or ignorance of boundary is no defense
-must be voluntary (heart attack and falling onto prop doesn't count)
-can throw something and it's trespass (must be tangible object)
"Interfere with possession of land"
-Proper P is person in possession of land
-Includes air and soil within reason
Trespass to Chattels (4)
1. Intentional interference with personal property (everything besides land and buildings).  Can destroy, damage, or interfere with possession.  Use if damage is minimal AND
2. Intent AND
3. Causation AND
4. Damages.
Conversion (4)
1. Intentional interference with personal property (everything besides land and buildings) AND
2. Interference is so serious that it warrants requiring D to pay full value of chattel AND
3. Intent AND
4. Causation.

Can destroy, damage, or interfere with possession.  Use if damage is significant.  Damage is forced sale - full value of the item.

Mistake in ownership is no defense.
Difference between conversion and trespass to chattel
TTC = minimal damage. 
Conversion = significant damage.  P can recover full value of the item.  Forced sale.
Affirmative Defense to Intentional Torts (3 main categories)
1. Consent
2. Protective Privileges
3. Necessity Doctrines
Affirmative Defense to Intentional Torts (including subcategories)
1. Consent (implied and express)
2. Protective Privileges (self-defense, defense of others, defense of property)
3. Necessity doctrines (Public and private necessity)
Capacity to consent
Only person with legal capacity can consent.  You don't need capacity to commit the tort, though.
Capacity re:children
Child can consent to age-appropriate invasions and will be barred from recovery (wrestling)
Express consent as a defense to intentional tort
Statement by the P to the D granting consent to the challenged action (void if obtained through fraud or duress)
Implied consent as a defense to intentional tort
1. Through custom: If a P goes to a place or engages in an activity where certain invasions are routine, P will have consented to the invasion (barber shop)
2. "Body language" consent.  Based on D's reasonable interpretation of P's objective conduct and surrounding circumstances.  Must be reasonable and must be within the scope of consent.
Protective privileges as a defense to intentional tort
-Self-defense, Defense of others, and Defense of property
-Timing, reas belief, amount of force

Protective privileges (timing, reas belief, amount of force)
-Timing: Response to a threat
that is in progess or imminent (Heat of the moment; no revenge)
-Reasonable belief that the threat is genuine
-can use the amount of force necessary and no more
-If you confront a deadly threat, you can react with deadly force b/c it’s a rule of proportionality
-NY Distinction: Before you use
deadly force, there is a duty to retreat. Must run away if you can, but it does not apply in your own home (castle doctrine)
-Can’t use deadly force or deadly
instruments to protect property – always excessive
Deadly force
If you confront a deadly threat, you can react with deadly force b/c it’s a rule of proportionality
-NY Distinction: Before you use
deadly force, there is a duty to retreat. Must run away if you can, but it does not apply in your own home (castle doctrine)
-Can’t use deadly force or deadly
instruments to protect property – always excessive
Deadly force NY Distinction
NY Distinction: Before you use
deadly force, there is a duty to retreat. Must run away if you can, but it does not apply in your own home (castle doctrine)
Public Necessity as a defense to intentional tort
Invades D's property in an emergency to protect the community as a whole or a significant group of people.  Absolute defense.
Private Necessity as a defense to intentional tort
-D invades P's property in an emergency to protect an interest of his own. 
-Remains liable for damages done to P's property (compensatory).  Never liable for nominal or punitive.
-P cannot kick D off of prop as long as emergency continues.  P will be liable for damages incurred if he expels D.
Negligence
1. Duty (the obligation to take risk-reducing precautions)
2. Breach of duty
3. Actual/Factual Causation
4. Proximate Causation
5. Harm/Damage
To whom is duty owed?
Only foreseeable victims!  Must be in zone of danger (Palsgraf).  Exception to Palsgraf is a rescuer.
Duty re:fetus/unborn child
1. D negligently impacts body of preg woman.  NY: Separate, additional COA in baby's name if woman give birth to baby with defects.  No wrongful death COA if baby does not survive.
2. Doctor misdiagnoses/fails to diagnose birth defects.  NY: allow parent to recover for costs of raising child in excess of ordinary costs.  Only OOP damages, no emotional distress.
3. Doctor botches sterilization and they have another child.  NY: courts deny recovery.  Joy of child outweighs expense.
Normal/default standard of care
-RPP unless special duty of care exists.  The amount of care that a reasonable prudent person would exercise under similar circumstances.
-ON ESSAY: "Because no special duties are relevant on the fact, the general or default SOC would govern here, namely the care of a reasonably prudent person acting under same or similar circumstances."
RPP skill/knowledge
RPP takes on superior skill or knowledge if D possesses it, but does not take on shortcomings (intelligence, mentally disabled, insane, novice, inexperience)
RPP Physical
RPP does not have any external physical characteristics until they are relevant (blindness if relevant)
Special standards of care (list of five)
1. Children over 5
2. Professionals/malpractice
3. Premises liability cases
4. Statutory standards of care
5. Negligent infliction of emotional distress
Special duty of care - Claims against children over age 5 (1 exception)
-Child over age 5 is expected to exercise the care of a hypothetical child of similar age, experience, and intelligence, acting under similar circumstances

-Exception: If child is involved in adult activity,  go back to RPP
Exception to child SOC
Goes back to RPP if child is involved in an adult activity
Special duty of care: Neg claims against professionals/malpractice claims
-Professional must exercise the skill and knowledge normally possessed by members of the profession in good
standing in similar communities.  Locality rule.
-"Custom of the profession."  On essay, say you need expert witness  to tell jury of the custom.
-Informed consent duty
Special duty of care: Neg claims against professionals/malpractice claims - Informed custom duty and exceptions (4)
-Doctor has duty to explain risks of medical procedure prior to undertaking of procedure so patient can make intelligent decision.

-Exceptions (no duty to disclose):

1. Commonly known risks
2. If patient declines disclosure
3. If patient is incompetent
4. If disclosure would cause harm to patient (other than denying procedure)
Special duty of care: Neg claims against professionals/malpractice claims - Exceptions to informed custom duty (4)
No duty to disclose if:

1. Commonly known risks
2. If patient declines disclosure
3. If patient is incompetent
4. If disclosure would cause harm to patient (other than denying procedure)
Special duty of care: Premises liability cases
-Someone comes onto real estate and gets hurt by a dangerous object or hazardous condition (NOT activity) on the real estate and then sues the possessor of the real estate for neg.  Real estate is very broad term.

-Unknown trespasser, known or anticipated trespasser, licensee, and invitee
Special duty of care: Premises liability cases (4 types)
1. Unknown trespasser (NO duty, not foreseeable)
2. Known or anticipated trespasser (artificial, highly dangerous, concealed, and known to D)
3. Licensee (Concealed and known to D)
4. Invitee (Conceled and known/should have been known to D)
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