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Torts Outline

Cory Fry Torts English

Mind map about torts outline: intentional torts, defenses, negligence and respondeat superior

Mind map: Torts outline

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Torts Outline

  1. 5 Intentional Torts

    • Battery
      • Elements: 1) Intending to 2) make contact with another 3) that is harmful or offensive
        • Harmful: pain or bodily injury
        • Offensive: damaging to a reasonable sense of dignity
    • Assault
      • Elements: 1) intending to cause imminent apprehension 2) of harmful or offensive contact
        • Words alone are not enough; there needs to be an "overt act" by D
    • False Imprisonment
      • Elements: 1) intending to confine a person within boundaries set by the actor 2) confinement must actually occur 3) the person being confined is aware of the confinement or is harmed by it
        • Harm caused is fear or restriction of freedom to move or inability to do necessary tasks for well-being
        • Defenses: consent, operation of law, shopkeeper's privilege
    • Intentional Infliction of Emotional Distress (IIED)
      • Elements: 1) intentional conduct directed at P 2) that is extreme and outrageous 3) and causes the emotional distress 4) which must be severe
        • intent: 1) D desires to cause emotional distress 2) D knows with substantial certainty that P will suffer emotional distress 3) D recklessly disregards the high chance of emotional distress
    • Trespass
      • Conversion
        • Substantial interference with one's use or possession of property
          • D intended to take property
          • Ways to commit: 1) acquiring possession knowingly without permission 2) transfer to 3rd person 3) refusing to return property 4) destroying the property
      • Trespass to Land
        • Elements: 1)Intentional interference with 2) one's right to exclusive possession
        • Trespass to Land and Permission
          • A piece of property left on someone else's land after permission has expired
      • Trespass to Personal Property
        • Chattel - Interference with one's use of possession of property
  2. 5 Defenses

    • Consent
      • Actual: verbal or written
      • implied: action in a certain situation
      • Invalidations for consent
        • 1. Fraud - consent secured through deceit, false pretenses or through omission is not legally valid
        • 2. Duress - Physical threats are legitimate forms of duress; economic threats are not
        • 3. Lack of Capacity
          • Minors
          • Mental disabilities that are temporary or permanent also diminish capacity
      • Doctrine of Informed consent
        • 1) Dr. fails to inform patient of material risk
        • 2) Causation - If a reasonable person wouldhave known about the risk, would he still have consented?
        • 3) The undisclsed risk caused the patient's injury
    • Self-Defense
      • A person is entitled to use reasonable force to preven harmful or offensive bodilty contact or to prevent false imprisonment
      • 2 questions to ask:
        • 1. Was the fear of bodily harm or injury reasonable under the circumstance?
        • 2. Were the means of force used reasonable?
          • Deadly Force
          • Non-deadly Force
            • Does not require a duty to retreat
    • Defense of Others
      • An intervening actor defending another person from harm when he is threatened
      • Same rules of self-defense apply
    • Defense of Property
      • Tortfeasor can use reasonable force in defending property, but not deadly force
    • Recovery of Property
      • Right to self-help by recovering property depends on promptness of recovery and reasonableness of force used
        • Deadly force is not allowed
        • Shopkeeper's privilege to false imprisonment
        • Privilege can only be invoked if property was wrongfully taken
  3. A civil wrong committed upon a person or his property independent of a contract.

  4. Negligence

    • 1) Duty
    • 2) Breach of Duty
      • 4 analytical devices used to determine breach of standard of care.
        • Hand Formula
          • If the burden of preventing a risk (B) is less than the probability of harm (P) multiplied by the gravity of harm (L), the standard of care has been breached [B<PL]
        • Reasonable Person
          • Knowledge
            • A reasonable person should know what he should know
            • A reasonable person has actual and constructive knowledge
            • Constructive knowledge is what someone should have known through reasonable diligence
          • Emergency
            • Because of a time and information deficit at the time of conduct, the standard of reasonableness changes
            • How would a reasonable person act under similar conditions?
          • Customs
            • A fairly well-defined, reasonable societal expectation of how people would act
            • "Industry Standard"
          • Physical Attributes
            • The relevant standard of care is altered to meet the tortfeasor's physical disability
            • What would a reasonable person with the same physical disability do?
          • Mental Attributes
            • Generally, not relevant in determining the standard of care in adults
          • Children/Minors
            • Age is relevant in determining the culpability of a reasonable person
            • General rule
              • Children age 5-7 years of age cannot be negligent
              • Older children, the standard of care is that of a reasonably careful minor of the same age experiences unless the minor's conduct was a dangerous adult activity
            • Illinois Rule
              • For children above age 14, there is a presumption of the adult standard, and the burden is on the minor to prove why the adult standard should not apply
              • • For children under the age of 14, there is a presumption of NO adult standard, and the burden is on the victim to prove why the adult standard should be applied.
          • Professionals
            • What would a reasonable person in that profession do?
          • Objective test: Whether an individual acted as a prudent person would under the circumstances without considering good faith or best judgment
        • Negligence Per Se
          • The relevant standard of care is established through a statute or regulation
            • Excuses: 1. incapacity 2. no actual or constructive knowledge 3. Impossible not to breach 4. Emergency not of one's own making 4. Compliance to the statute would create a greater risk of harm
            • A breach of the relevant standard of care may still be found even though there was compliance with a given statute.
        • Res Ipsa
          • 1) The harm causing thing is under the management or control of the D
          • 2) The thing that occurred does not ordinary happen if those who have management or control use proper care
          • 3) In the absence of explanation by the D
          • It's only a presumption and presumption can be rebutted
          • We admit we don't know what went wrong, but are willing to conclude that whatever went wrong was more likely than not the result of negligent conduct.
          • 3 different versions of Res Ispa
            • 1. It warrants an inference of negligence which the jury may drew or not, as their judgment. (Pro defendant)
            • 2. It raises a presumption of negligence which requires the jury to find negligence if defendant does not produce evidence sufficient to rebut the presumption (middle ground)
            • 3. It not only raises such a presumption but also shifts the ultimate burden of proof to defendant and requires him to prove by a preponderance of all the evidence that the injury was not caused by his negligence. (Pro Plaintiff)
    • 3) Causation in Fact
      • Actual causation
        • But for Causation
      • 1) Quantity of Proof
        • Did P prove/allege enough to satisfy the elements?
      • 2) Quality of Proof
        • Did D produce/conduct actual harm?
      • If one has a duty to another, and that duty is breached, such breach is not actionable unless it is a cause in fact of the harm
        • In fact - Substantial factor in bringing about the harm (does not mean the only cause)
          • The P has the burden of proving the casual link between the D's conduct an the harm (burden is preponderance of evidence; more likely than not)
    • 4) Proximate Causation
    • 5) Harm
  5. Respondeat Superior - Principle that a person injured can sue a company if the employee who committed the tort:

    • 1) was acting withing the scope of employment
    • 2) intended to benefit the employer
  6. Prime Facie

    • elements that must be established to prove cause of action

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Torts Mind Map on Torts Outline, created by Cory Fry on 18/10/2017.
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Cory Fry
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