BarPrep Torts

knows with substantial certainty that these consequences will result

assualt, battery, false imprisonment, trespass, trespass to chattel

intentional harmful or offensive contact to plaintiff's person and causation

intential act creating reasonable apprehension in plaintiff of immediate harmful or offensive contact and causation

expectation

Intentional act or ommision confining or restraining plaintif to a bounded area and causation 

reasonable belief as to the fact of theft, detention must be reasonble and only nondeadly force used and reasonable durationof time

Intentional act that was extreme and outrageous conduct causation and damages

intentional act of physical invation of plaintiffs real property

intentional act of defendant that intereferes with plaintiffs right of possession to chatel

intentional act by defendant interefering with plaintiffs right of possession in chattel that is serious enough in natur that defendant must pay full value of chattel

plaintiff has expressly shown a willingness to submit to defendants conduct

is not consent

he may use such force as is reasonably necessary for protection against potential injury

where anothers possession began lawfully one may use only peaceful means to recover chattel.  Force may be used only when in hot pursuit

where act is for public good, necessity defense is absolute

where act is solely to benefit limited number of people defense is qualified

• defamatory language
• of and concerning plaintiff 
• publication
• damage to plaintiff's reputation
•   

plaintiff must prove he suffered pecuniary loss as result of statement

defamatory statement recorded in writing or some other permanent form

consent, truth, absolute privilige, qualified privilege

unauthorized use by defendant of plaintiff's picture or name for defendant's commercial advantage

• act of prying or intruding on the affairs or seclusion of plaintiff
• highly offensive to a reasonable person
• and thing to which there was intrusion is private  

• misrepresentation
• scienter
• intent to induce plaintiff's reliance
• causation(actual reliance)
• justifiable reliance
• damages     

• Duty of defendant to conform to a specific standart of care
• breach
• causation (actual and proximate)
• damages  

act as an ordinary, prudent, reasonable person

same physical characteristics as defendant

average mental ability, mental handicaps are not considered

no duty to undiscovered trespasser

must exercise ordinary care to warn trespasser of, or make safe, artificial conditions know to the landowner that involve a risk of death or serious bodily harm

No duty owed for natural conditions or less dangerous artificial conditions 

when she is actually noticed on property and when owner is notified by information sufficient for a reasonable preson to conclude someone is on the property

• there is a dangerous condition on land that owner is or should be aware
• owner knows or should know that young persons frequent the vicinity of this dangerous condition
• condition is likely to cause injury and dangerous since child's inability to appreciate the risk
• expense of remedying the situation slight compared to magnitude of risk   

person who enters land, with permision, for her own purpose/business

owner has duty to warn of dangerous known conditions that licensee is unlikely to discover

• No duty to inspect
• excersise reasonable care for active operations   

use reasonable and ordinary care in keeping property safe, adds duty to inspect and repair as well as all licensee duties

when defendant creates a foreseeable risk of injury to plaintiff

plaintiff must satisfy zone of danger and physical symptoms from the distress

distress caused by threat of physical impact

ex. nervous breakdown, miscarriage, heartatact, severe shock

• plaintiff and person injured are closely related
• plaintiff was present at scene and
• plaintiff personally observed or perceived the event

• assumption of duty to act by acting
• peril due to defendants conduct
• special relationship between parties
• role of contract creates duty
• duty to control third persons

one who gratuitously acts for benifit of another is under a duty to act like an ordinary, prudent, reasonable person and continue the assistance

defendants conduct must be cause in fact of injury

where several causes concur if defendants conduct was a substantial factor in causing the injury

normal incidindts of and within the increased risk caused by acts, based upon foreseeability

person with the last clear chance to avoid an acident who fails to do so is liable for negligence

plaintiff must have known the risk and voluntarily assumed it

a substantial and unreasonable interference with anothers use or enjoyment of property

offensive, inconvenient, or annoying to an average person in the community

act that unreasonably interefes with the health, safety, or property rights of the community

master vicariausly liable for tortious acts committed by servant if they occur within the scope of the employment relationship

• the contractor is engaged in inherently dangerous actifity
• or
• because of public policy the duty is nondelegable

• defendant negligently engaged in conduct
• reasonably foreseeable such conduct would cause the plaintiff severe emotional distress and
• conduct did in fact cause the plaintiffs severe emotional distress (physical symptoms NOT necessary)

• there is compensatory damages and
• fraud
• malice or
• willful and wanton conduct

a conscious and intentional disregard of and indifference to the rights and safty of others, which deffendant knows or should know is reasonably likely to result in injory or damage

• plantiff negligently put himself in peril
• defendant saw or reasonabl should have seen
• defendant had time and means to avoid injuring plaintiff
• defendant failed to use reasonably available means to avoid
• defendant caused plaintiffs injuries

negligence of a driver is imputed to the owner who is a passenger at the time of the accident