INTENTIONAL TORTS PRIVILEGES TO INTENTIONAL

BATTERY TORTS
(1) ∆ intent 2 touch; (2) touching occurred; (3) CONSENT
п experienced touching (1) express / implied / custom

ASSAULT SELF-DEFENSE
(1) ∆ intended 2 place P in imminent apprehension (1) force reasonably to prevent; (2) imminent
of harm; (2) п actually placed in imminent physical harm; (3) cannot be excessive; (4) duty to
apprehension of harm retreat apply?

FALSE IMPRISONMENT DEFENSE OF OTHERS

(1) ∆ intent to confine; (2) confinement occurs; (3) (1) reasonable force; (2) necessary to prevent harm
п aware of confinement or had physical injury from to other
it; (4) п no reasonable means of escape (must be
free choice) DEFENSE OF PROPERTY
(1) commission of a felony? or (2) used to to
TRESPASS TO LAND prevent great bodily harm; (3) force reasonably
(1) ∆ intended to invade/enter land; (2) actual necessary?
invasion/entrance of land
RECOVERY OF PROPERTY
TRESPASS TO CHATTELS (1) fresh pursuit? (2) reasonable force?
(1) ∆ intended to interfere w/ п chattel; (2) п
actually interfered with NECESSITY
(CHATTEL = PERSON ITEMS OR PROPERTY) necessary to prevent harm to community? (public)
necessary to prevent harm to oneself? (private)
CONVERSION
(1) ∆ intended to interfere w/ п chattel; (2) п chattel AUTHORITY OF LAW
seriously interfered w/ or destroyed (1) gov official? (2) acting w/in course of
employment?
INTENTIONAL INFLICTION OF
EMOTIONAL DISTRESS DISCIPLINE
(1) ∆ conduct = reckless/intentional; (2) ∆ conduct (1) teacher/babysitter/military? (2) reasonable under
= extreme + outrageous; (3) ∆ conduct caused circumstances?
п distress; (4) emotional distress = severe
JUSTIFICATION
(1) reasonable measures; (2) to protect someone?

SHOPKEEPER’S PRIVILEGE (TRESPASS 2

LAND)
(1) detained in good faith? (2) for a reasonable
time?

NON-AVAILABLE PRIVILEGES/DEFENSES:
(1) mistakes/good faith
 NEGLIGENT TORTS WRONGFUL DEATH
NEGLIGENCE (1) п = designated beneficiary in sate statute
(1) ∆ owed п duty; (2) ∆ breached; (3) but-for + proximate (2) damages = loss of society, comfort, and companionship
causation; (4) damages
DUTY SURVIVAL
(1) duty to rescue? (1) statute permits?
(2) Special pre-existing relationship?
(3) ∆ create risk? LOSS OF CONSORTIUM
(4) Landowner? (1) member of covered class? (spouse/children/parents)
STANDARD OF CARE
(1) reasonable prudent person? LOSS OF CHANCE
(2) custom? (1) ∆ more likely than not reduced length of decedent’s life
(3) professional?
(4) emergency? NEID
(5) landowner? (1) ∆ committed negligent act; (2) ∆ conduct caused some
(6) trespassers? form of physical impact; (3) п w/in zone of danger to ∆
BREACH negligent act; (4) foreseeable that ∆ negligent conduct 
(1) learned hand formula: emotional harm to п
(Burden of precaution) < (likel. of harm) X (severity of
harm) NEID TO THIRD-PARTIES
(2) ignore danger? (1) child/sibling/parent/spouse/grandparent in immediate
(3) OR one of three below? family; (2) present at accident; (3) witnessed ∆ conduct; (4)
NEGLIGENCE PER SE? aware of original injury to п
(1) statute was designed to prevent injury
(2) п = member of class legislature sought to protect DEFENSES TO NEGLIGENT TORTS
RES IPSA LOQUTIOR? CONTRIBUTORY NEGLIGENCE
(1) accident = usually associated w/ negligence (1) п have any fault/liability? (2) did ∆ have last clear chance?
(2) instrumentality under exclusive control of ∆ PURE COMPARATIVE NEGLIGENCE
(3) п did not contribute meaningfully to accident (1) calculate damages; (2) calculate п share of responsibility
STRICT LIABILITY?? (0-100%); (3) п recovers for non-responsible %
(1) Inherently dangerous activity? Look to 
(1) the degree of risk of harm; (2) the magnitude MODIFIED COMPARATIVE NEGLIGENCE
of the harm; (3) the extent to which reasonable (1) calculate damages; (2) calculate п share of responsibility
care can eliminate the risk; (4) whether an (0-100%); (3) under 49%? (4) under 50%?
activity is of common usage; (5) the
appropriateness of the location; and (6) the ASSUMPTION OF RISK
community value of the activity. (1) express or implied?  subjective standard
CAUSATION (2) THREE FACTORS  (
BUT-FOR (a) п had actual knowledge of risk;
(1) ∆= substantial factor? (b) п appreciated magnitude of risk
PROXIMATE (3) п voluntarily encountered the risk
(1) foreseeable consequences? (3) implied primary?  ∆ owes no duty or reduced duty
(2) Cardozo approach? (limited) (4) implied secondary?  three elements
(3) Andrews approach? (broad liability) (1) п subjectively knew/understood risk; (2) п
DAMAGES voluntarily subjected to risk; (3) п acted in a manner
ACTUAL DAMAGES that showed consent
(1) pain + suffering?
(2) medical expenses? IMMUNITIES
(3) Permanent disability? (1) parent? government?
(4) Loss of earnings?
PUNITIVE DAMAGES STATUTE OF LIMITATIONS
(1) degree of reprehensabiliy (1) SOL expire? (2) med case?  SOL begins @ discovery
(2) disparity b/t harm and punitive damages awarded
(3) difference b/t harm + damages in comparable
cases
NOMINAL DAMAGES? (LAND)
INJUNCTIVE RELIEF?

WRONGFUL LIFE (child brings)

WRONGFUL BIRTH (parent brings)
WRONGFUL CONCEPTION (parents of unwanted child)