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Tort Law Cheat Sheet by

Intent­ional Torts

Three Elements
Act, intent, causation
Purpose of causing conseq­uence or knows conseq­uence is substa­ntially certain
Transf­erred intent
Different tort against same person; same tort against different person; different tort against different person
intent­ional contact with the person of another
uncons­ented/ unpriv­ileged
harmful or offensive- intent to harm or offend
intent to harm/ offend through fear
appreh­ension of imminent battery
reasonable appreh­ension or fear results (mere words not suffic­ient)
false impris­onment
words or acts intended to confine within a fixed space
actual confin­ement
awareness of confin­ement or harm
trespass to land
intent to enter
actual entrance
intent to exercise substa­ntial dominion
exercising dominion
trespass to chattels
intent to interfere with chattel
actual interf­erence with use or enjoyment
harm results
Intent­ional Infliction of Emotional Distress

Defenses to intent­ional torts

self defense
affirm­ative defense for a real threat
words do not allow self defense
defense of property
cannot use excessive force
human life > property
look at situation
no need to articulate consent
consent negates intent
apparent necessity
purpose (balancing test)
no other option


reasonable standard of care
exception for physical but not mental disability
negligence per se (satisfies duty and breach)
Breach of Duty
Assessing forese­eable risks and costs
Assessing reasonable care
risk utility analysis
Evaluating conduct/ custom
Res Ipsa
Actual Damages
medical expenses
lost earnings
future earnings
pain and suffering
Actual cause
but-for test
cause contribute to the accident
Proximate cause
Scope of the risk
Is the type of injury within the risk
is type of risk forese­eable ?
substa­ntial factor
direct connection
remoteness in time and space
**Inte­rvening persons or forces

Defenses to negligence

Contri­butory negligence
completely bars recovery
Compar­ative fault
Jury determines how negligent
Interest of Public Policy
Duty to Protect
Knowledge of Situation and P vulner­ability
Creates risk to self
Assumption of the risk
express or contra­ctual
implied assumption of the risk
primary assumption of the risk

Special Duty- Landowner

what's their status
conditions v. activities
no need to warn of natural condition
do need to warn of unexpected conditions
trespa­ssing child
attractive nuisance
dangerous instru­men­tality
open and obvious


No duty to act
unless you create harm

Duty to protect from third party

defendant relati­onship with plaintiff
special relati­onship?
duty of landowner/ common carrier
specific harm
prior similar incidents
totality of circum­stances
balancing test
Defendant relati­onship with dangerous third party
special relati­onship?
directly and forese­eably exposed
therapist duty to warn of impending danger

Emotional Harm

Negligent Infliction of Emotional Distress
zone of danger
direct victim v. bystander
harm resulting from injury to another


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