Establishing Tort Liability

Elements of a prima facie case for INTENTIONAL TORTS

CAPACITY

TRANSFERRED INTENT

SUPERSENSITIVE PLAINTIFF

Intentional Torts: BATTERY

Battery: OFFENSIVE CONTACT

Battery: WITH PLAINTIFF'S PERSON

And Other Plaintiff Considerations

Battery: CAUSE

Note on Damages

Intentional Torts: ASSAULT

Assault: APPREHENSION

Assault: IMMEDIACY

Words Rules

Proof of Damages?

Battery v. Assault

Intentional Torts: FALSE IMPRISONMENT

False Imprisonment: SUFFICIENT ACT OF RESTRAINT

False Imprisonment: SUFFICIENT ACT OF RESTRAINT - SHOPKEEPER'S DETENTION

False Imprisonment: BOUNDED AREA

Note on Damages

Intentional Torts: INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

IIED: OUTRAGEOUS CONDUCT

IIED: MAKING NON-OUTRAGEOUS CONDUCT OUTRAGEOUS

IIED: Type of Plaintiff

IIED: Type of Defendant

IIED: Causation

Intent/Causation Requirements for
Bystander Cases

IIED: DAMAGES

If another intentional tort, defamation, or action for invasion of privacy won't work, consider IIED.

Intentional Torts to Property:
TRESPASS TO LAND

Trespass to Land: ACT OF PHYSICAL INVASION BY DEFENDANT

Trespass to Land: OF PLAINTIFF'S LAND

Trespass to Land: Note on Intent, Mistake, Who May Bring an Action, and Damages

Intentional Torts to Property: TRESPASS TO CHATTELS and CONVERSION

Which tort?

Trespass to Chattels: Elements and Who Can Bring the Action

Conversion: Elements and Acts of Conversion

Intentional Torts to Property:
TRESPASS TO CHATTELS and CONVERSION -Two Types of Damages-

Intentional Torts to Property: TRESPASS TO CHATTELS and CONVERSION

What does the plaintiff get?

Intentional Torts: DEFENSES

Defenses to Intentional Torts: CONSENT

Defenses to Intentional Torts:
EXPRESS CONSENT

Defenses to Intentional Torts:
Implied Consent 2 Types

Defense to Intentional Torts: CONSENT

Third Step and Effect of Criminal Acts

Intentional Tort Defense:
THE DEFENSE PRIVILEGES

Intentional Tort Defense:
THE DEFENSE PRIVILEGES

3 Step Test

Intentional Tort Defense:
THE DEFENSE PRIVILEGES

Timing

Intentional Tort Defense:
THE DEFENSE PRIVILEGES

1. Timing (See Previous Card) and HOT PURSUIT

Intentional Tort Defense:
THE DEFENSE PRIVILEGES

2. Is the DEFENSE TEST satisfied?

Intentional Tort Defense:
THE DEFENSE PRIVILEGES

3. Proper amount of force?

Defenses: Defense of Property

Intentional Tort Defense:

NECESSITY

Intentional Tort Defense:

PUBLIC NECESSITY

Intentional Tort Defense:

PRIVATE NECESSITY

Intentional Tort Defense:

Relationship b/w NECESSITY and
DEFENSE OF PROPERTY

Defense: Privilege of Arrest

Defense: Recapture of Chattels

Entry Upon Land to Remove Chattel

Defense: Recapture of Chattels

HARM TO ECONOMIC AND DIGNITARY INTERESTS

DEFAMATION
Prima Facie Case

Defamation: DEFAMATORY STATEMENT ABOUT THE PLAINTIFF

Defamation: PUBLICATION

Defamation: DAMAGE TO PLAINTIFF'S REPUTATION

LIBEL?
SLANDER?
SLANDER PER SE?

Defamation: Categories for SLANDER PER SE

Defamation: DEFENSES

Defamation Defense: CONSENT

Defamation Defense: TRUTH

Defamation Defense: ABSOLUTE PRIVILEGE

Defamation Defense: QUALIFIED PRIVILEGE

Defamation:
Additional CONSTITUTIONAL Elements

When is the first amendment at issue?

Defamation: FIRST AMENDMENT - FALSITY

Defamation: FIRST AMENDMENT - FAULT

3 Types of Fault

Defamation: FIRST AMENDMENT - FAULT

Type of Plaintiff:
1. Public Figure

ACTUAL MALICE TEST

Defamation: FIRST AMENDMENT - FAULT

Type of Plaintiff:
2. Private Person

Defamation: FIRST AMENDMENT - FAULT

Type of Plaintiff:
2. Private Person

IL Tort Distinction

INVASION OF RIGHT TO PRIVACY

4 SEPARATE AND DISTINCT BRANCHES
First Branch: Misappropriation

INVASION OF RIGHT TO PRIVACY

4 SEPARATE AND DISTINCT BRANCHES

Prima facie requirement for branches 2-4.

INVASION OF RIGHT TO PRIVACY

4 SEPARATE AND DISTINCT BRANCHES

Branch 2: Intrusion by D into P's Privacy or Seclusion

INVASION OF RIGHT TO PRIVACY

4 SEPARATE AND DISTINCT BRANCHES

Preliminary Note for 3 and 4
The "Publication" Branches

INVASION OF RIGHT TO PRIVACY

4 SEPARATE AND DISTINCT BRANCHES

Branch 3: Publication of facts placing P in a false light.

INVASION OF RIGHT TO PRIVACY

4 SEPARATE AND DISTINCT BRANCHES

Branch 4: Publication of Private Facts About Plaintiff

INVASION OF RIGHT TO PRIVACY

Defenses

MISREPRESENTATION

2 KINDS

INTENTIONAL MISREPRESENTATION
PRIMA FACIE CASE

INTENTIONAL MISREPRESENTATION
1. Misrepresentation

INTENTIONAL MISREPRESENTATION

2. Scienter

INTENTIONAL MISREPRESENTATION

3. Intent to Induce Reliance
4. Justifiable reliance.
5. Causation
6. Damages

INTENTIONAL MISREPRESENTATION

Defenses

Negligent Misrepresentation

INTERFERENCE WITH BUSINESS RELATIONS

Prima Facie Case

INTERFERENCE WITH BUSINESS RELATIONS

Defense of Privilege

***

NEGLIGENCE

Prima Facie Case

Negligence: DUTY

NEGLIGENCE: Duty

Foreseeable Plaintiffs
Foreseeable Plaintiffs as a Matter of Law

NEGLIGENCE: Duty

Unforeseeable Plaintiff Fact Pattern

NEGLIGENCE: Duty

Standards of Care

***

NEGLIGENCE: Duty

Reasonable Person Standard

NEGLIGENCE: Duty

Reasonable Person Standard

Physical Characteristics?
Disabled Defendant Trick ***

NEGLIGENCE: Duty

The Children Standard

NEGLIGENCE: Duty

The Children Standard

EXCEPTION

NEGLIGENCE: Duty

The Professional Standard

General
Specialist

Negligence: DUTY

The Common Carrier and
Innkeepers Standard

NEGLIGENCE: Duty

The Owner-Occupier Standards

ALWAYS ON BAR EXAM

NEGLIGENCE: Duty

The Owner-Occupier Standards

1. D's Status as Owner/Occupier

NEGLIGENCE: Duty

The Owner-Occupier Standards

2. Injury on or off land?

NEGLIGENCE: Duty

The Owner-Occupier Standards

3. Is plaintiff an undiscovered trespasser?

Duty to Discovered Trespassers

NEGLIGENCE: Duty

The Owner-Occupier Standards

ACTIVITY/DANGEROUS CONDITION

NEGLIGENCE: Duty

The Owner-Occupier Standards

THE ACTIVITY STANDARD ???

NEGLIGENCE: Duty

The Owner-Occupier Standards

The Dangerous Condition Standards

NEGLIGENCE: Duty

The Owner-Occupier Standards

The Dangerous Condition Standards
DISCOVERED/ANTICIPATED TRESPASSER

NEGLIGENCE: Duty

The Owner-Occupier Standards

The Dangerous Condition Standards
LICENSEE

NEGLIGENCE: Duty

The Owner-Occupier Standards

The Dangerous Condition Standards
INVITEE

NEGLIGENCE: Duty

The Owner-Occupier Standards

The Dangerous Condition Standards

ILLINOIS DISTINCTION

NEGLIGENCE: Duty

The Owner-Occupier Standards

BAR EXAM FAVORITE ISSUES
Nuisance

NEGLIGENCE: Duty

STATUTORY STANDARDS

NEGLIGENCE: Duty

STATUTORY STANDARDS

The Test

NEGLIGENCE: Duty

STATUTORY STANDARDS

Effect of Statute Being INAPPLICABLE

NEGLIGENCE: Duty

STATUTORY STANDARDS

Effect of Non-Compliance
With Applicable Statute.

NEGLIGENCE: Duty

STATUTORY STANDARDS

Effect of Non-Compliance
With Applicable Statute

IL Distinction

NEGLIGENCE: Duty

STATUTORY STANDARDS

Excuse for Non-Compliance

NEGLIGENCE: Duty

STATUTORY STANDARDS

Effect of Compliance
With Applicable Statute.

NEGLIGENCE: Duty

Negligent Infliction of Emotional Distress

NEGLIGENCE: Duty

Negligent Infliction of Emotional Distress

Third Party Recovery

NEGLIGENCE: Duty

Negligent Infliction of Emotional Distress

Third Party Recovery:
ILLINOIS DISTINCTION

NEGLIGENCE: Duty

AFFIRMATIVE DUTY TO ACT

NEGLIGENCE: Breach

NEGLIGENCE: Breach

Res Ipsa Loquitor - When At Issue?

The Thing Speaks For Itself

NEGLIGENCE: Breach

Res Ipsa Loquitor - Probability Inference Test

NEGLIGENCE: Breach

Res Ipsa Loquitor - The Rules

Negligence: CAUSATION

*** Lots of questions. ***

Negligence

ACTUAL CAUSATION

Question to ask.
3 Basic Tests

Negligence

ACTUAL CAUSATION

The But For Test

Concurrent Causes

Negligence

ACTUAL CAUSATION

The But For Test Could Give Wrong Answer

Negligence

ACTUAL CAUSATION: Substantial Factor Test

Negligence

ACTUAL CAUSATION:
Alternative Causes Test

Negligence

PROXIMATE CAUSATION:
A Limitation of Liability

General Rule of Liability

Negligence

PROXIMATE CAUSATION:
Direct Cause Case

Negligence

PROXIMATE CAUSATION:
Indirect Cause Case

Negligence

PROXIMATE CAUSATION:
Indirect Cause Case

Negligence

PROXIMATE CAUSATION:
The Two Rules

Negligence

PROXIMATE CAUSATION:
The Two Rules

Exception to Rule #2

Negligence: CAUSATION

Bar Exam Tips

Negligence: DAMAGES

Defenses to Negligence

Contributory Negligence:
Standard of Care
Rescuers and Emergency Conditions
P's Statutory Violation (With Exception)
When Not a Defense

Contributory Negligence: Implied Assumption of Risk

Contributory Negligence: UNKNOWING

Exceptions to Implied Assumption of Risk

Risks that MAY NOT Be Assumed

Express Assumption of Risk

Contributory Negligence
vs.
Comparative Negligence

EFFECT OF CONTRIBUTORY NEGLIGENCE

Contributory Negligence
v.
Comparative Negligence

Partial v. Pure Comparative Negligence

Contributory Negligence
vs.
Comparative Negligence

IMPLIED ASSUMPTION OF RISK

Contributory Negligence
vs.
Comparative Negligence

Last Clear Chance Doctrine
AKA "Humanitarian Doctrine

Contributory Negligence
vs.
Comparative Negligence

Defendant's Conduct Was Reckless

Strict Liability

Prima Facie Case

Strict Liability - Defenses

Contributory Negligence State

Knowing v. Unknowing

Strict Liability - Defenses

Comparative Negligence State

Strict Liability

Personal Injury From Animals

Strict Liability

Abnormally Dangerous Activities

Products Liability

Threshold Inquiry

Products Liability

First Requirement

Products Liability

Second Requirement

Products Liability

Negligence Theory

Products Liability

Negligence Theory
Duty: Who can be a plaintiff?
Breach

Products Liability

Negligence Theory - Who can be a defendant?

Products Liability

Strict Liability Theory

Products Liability

Bar Exam Favorites

Nuisance

Private Nuisance

Public Nuisance

Nuisance

Proper Plaintiffs

Nuisance

The Standard

Nuisance

Exam Favories

General Considerations for ALL Tort Cases

Vicarious Liability

Respondeat Superior

Independent Contractor Situations

Vicarious Liability

Automobile Owners/Drivers

Vicarious Liability

Parent/Children

Vicarious Liability

Parties: Multiple Defendant Issues

Releases

Vicarious Liability

Parties: Multiple Defendant Issues

Joint and Several Liability

Vicarious Liability

Parties: Multiple Defendant Issues

Contribution and Indemnification

Vicarious Liability

Parties: Multiple Defendant Issues

Contribution and Indemnification:
Contribution

Vicarious Liability

Parties: Multiple Defendant Issues

Contribution and Indemnification:
Indemnification

Vicarious Liability

Parties: Multiple Defendant Issues

Contribution and Indemnification:
Comparative Contribution

Survival and Wrongful Death

Tort Immunities

Governmental Tort Immunity

Defamation: SINGLE PUBLICATION RULE

Defamation: Types of Damages to Plaintiff's Reputation

Defamation: Qualified Privilege

Defamation:
Loss of Qualified Privilege Through Abuse
Burden of Proof

Group Defamation

Imputed Contributory Negligence

Strict Liability

Animals - Persons Protected

Strict Liability
Abnormally Dangerous Activities

Strict Liability
Extent of Liability

Defenses to Strict Products Liability