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ASSAULT
Act by the defendant that intentionally causes reasonable apprehension in plaintiff of immediately receiving a battery
DEFENSE OF OTHERS
When defendant has a reasonable belief that a tort is about to happen to an innocent third party, he may use reasonable force to prevent such harm
SELF DEFENSE
When defendant has a reasonable belief that a tort is about to happen to his person, he may use reasonable force to prevent such harm
BATTERY
Act by defendant that intentionally causes a harmful or offensive contact to plaintiff's person
TRANSFERRED INTENT
When defendant intends to commit a tort against one person but instead or in addition, defendant commits the same tort against a different person
FALSE IMPRISONMENT
Act by defendant that causes the plaintiff to be confined to a bounded area
IIED
Extreme and outrageous conduct by defendant that intentionally or recklessly causes severe emotional distress in plaintiff
NIED
Duty of defendant to avoid negligent infliction of emotional distress which is breached when the defendant negligently creates a foreseeable risk of physical injury to plaintiff.
  • Defendant was negligent
  • Plaintiff and victim were closely related
  • Plaintiff was present at the scene and perceived the event
  • Plaintiff suffered a physical manifestation of emotional distress
TRESPASS TO LAND
Intentional act by defendant that causes a physical invasion of plaintiff's land
TRESPASS TO CHATTEL
An intentional act by defendant that causes an interference with plaintiff's possesory interest in chattel.
NEGLIGENCE
A duty to conform to a standard of conduct that is breached by the defendant and the breach is the actual and proximate cause of plaintiff's damages
RES IPSA LOQUITUR
Accident is type that would not normally occur unless someone was negligent and plaintiff did not contribute or cause the injury
NEGLIGENCE PER SE
Statute specific duty that replaces the more general common law duty of care
  • Statute clearly defines a standard of conduct
  • Plaintiff is within the protected class
  • Statute was designed to prevent type of harm suffered by plaintiff
CONTRIBUTORY NEGLIGENCE
When plaintiff is a contributing cause of his injuries, it will be a complete bar to recovery
COMPARATIVE NEGLIGENCE
Plaintiff's comparative negligence is not a complete bar to recovery, recovery will be reduced in proportion to plaintiff's fault
ASSUMPTION OF THE RISK
Plaintiff must have known of the risk and voluntarily proceeded in face of the risk, total bar to recovery
LAST CLEAR CHANCE DOCTRINE
Permits plaintiff to recover despite his contributory negligence, person with last clear chance to avoid an accident and fails to do so is liable for negligence
INTENTIONAL TORTS
ABCFITT
  • Assault
  • Battery
  • Conversion
  • False Imprisonment
  • IIED
  • Trespass to Land
  • Trespass to Chattel
MISC TORT CONCEPTS
  • Wrongful Death
  • Survival Statutes
  • Statute of Limitations
  • Immunities
CONVERSION
Intentional act by defendant that causes an interference with plaintiff's possessory interest in chattel so severe as to warrant a forced sale
DEFENSE OF PROPERTY
When defendant has a reasonable belief that a tort is about to happen to his property, he may use reasonable force to prevent such harm
SHOPKEEPER'S PRIVILEGE
Shopkeepers have a privilege to reasonably detain individuals whom they reasonably believe to be in possession of shoplifted goods
NECESSITY
A person may interfere with the real or personal property of another where it is reasonably and apparently necessary to avoid threatened injury from a natural or other force and where the threat is substantially more serious than the invasion
RECOVERY OF PROPERTY
Owner is privileged to enter upon land and reclaim property at reasonable time and in reasonable manner after first making demand for their return
GRATUITOUS BAILMENT
Must inform of dangerous defects in the chattel that he knows of
BAILMENT FOR HIRE
Must inspect chattel and inform of dangerous defects that he knows or should know of
ATTRACTIVE NUISANCE DOCTRINE
Landowner has a duty to exercise ordinary care to avoid reasonably foreseeable risk of harm to children caused by artificial conditions on property
LICENSEE
One who enters on land with landowner's permission, express or implied, for his own purpose or business
INVITEE
One who enters on land with landowner's permission, express or implied, for the landowner's benefit
  • Business Invitee - purpose connected with business of landowner
  • Public Invitee - purpose is help or open to public
STRICT LIABILITY
Absolute liability without fault
  • Wild Animals - strictly liable for injuries as long as plaintiff did nothing to bring about injury
  • Domestic Animals - strictly liable if owner has knowledge of animal's propensities
  • Ultrahazardous/Abnormally Dangerous Activity - must involve serious risk harm to persons or property and cannot be performed with complete safety
MANUFACTURING DEFECT
If product not in condition intended by manufacturer and placed into stream of commerce
DESIGN DEFECT
When all products are the same but have dangerous propensities, and product failed to safely perform as consumer would expect
INADEQUATE WARNING
Product is defective as a result of manufacturer's failure to give adequate warnings of risks involved in using product
STRICT PRODUCT LIABILITY
Absolute duty owed by commercial supplier not to supply a defective product that is breached by defendant and breach is actual and proximate cause of plaintiff's damages
NEGLIGENT PRODUCTS LIABILITY
Reasonable duty owed by commercial supplier not to supply a defective product that is breached by defendant and breach is actual and proximate cause of plaintiff's damages
IMPLIED WARRANTY OF MERCHANTABILITY
Goods are sold by merchant and they are generally fit for the ordinary purpose for which the goods are to be used
IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE
Seller knew or has reason to know particular purpose which goods are required and buyer is relying on seller's skill to select goods
EXPRESS WARRANTY/MISREPRESENTATION
Affirmation of fact or promise communicated to plaintiff related to the goods in writing, orally or by use of sample or model
DEFAMATION
Defamatory statement by defendant of or concerning plaintiff with publication to a third party which results in damages to plaintiff
LIBEL
Defamatory statement that is recorded in writing or some other permanent form
SLANDER
Spoken defamation
TRADE LIBEL
Statement disparaging plaintiff's business, product or services for purpose of persuading customers not to do business with the plaintiff
  • Loss of business
  • Loss of customer
APPROPRIATION OF NAME OR LIKENESS
Unauthorized use by defendant of plaintiff's name or likeness for defendant's commercial advantage
  • No consent
  • No contractual agreement
INTRUSION INTO SECLUSION
Objectionable intrusion by defendant into plaintiff's private place, conversation or matter
FALSE LIGHT
Objectionable publication by defendant that places plaintiff in a false light to more than one person
PUBLIC DISCLOSURE OF PRIVATE FACTS
Objectionable public disclosure by defendant of private facts about plaintiff objectionable to a reasonable person made to the public
PRIVATE NUISANCE
Substantial unreasonable interference with the use or enjoyment of plaintiff's property
  • Offensive
  • Annoying
  • Hyper-Sensative plaintiff not considered
PUBLIC NUISANCE
Unreasonable interference to health, safety or property rights of the community
  • Plaintiff must suffer unique or special damage not suffered by public at large
INTENTIONAL MISREPRESENTATION - FRAUD
Misrepresentation of a material fact
SCIENTER
Defendant made representation knowing it was false or with reckless disregard to truth or falsity
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