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Battery - DF (1)acted (2)intending to (3)cause a (4)harmful or offensive touching of the PL.

Assault -DF (1)acted (2)intending to (3)cause a (4) reasonable apprehension of a battery on the part of the PL. False Imprisonment -DF (1)acted (2)intending to (3)cause the PL to be (4)knowingly (5)confined to a bounded area. Trespass to Land -(1)Intentional (2)act by DF (3)causing a (4)physical invasion of PLs land. Trespass to Chattels -(1)Intentional (2)act by DF (3)causing a (4)temporary or minor interference or damage to PLs chattels. Conversion -(1)Intentional (2)act by DF (3)causing a (4)serious interference w/ PLs possessory interest in chattels. Intentional Infliction of Emotional Distress -DF (1)acted with extreme and outrageous conduct with (2)intent or recklessness to (3)cause (4)severe emotional distress on the part of the PL. -outrageous transcends bounds of decency; reckless in disregard of high probability of distress Defenses: Consent; express, implied, implied in law; must be (1)able to consent and (2)within scope of consent Defense of Self or Others -Requires a (1)reasonable belief of an attack and limited to (2)reasonably necessary force to prevent the harm. -also defense of injuries to bystanders Defense of Property -Requires an initial (1)request to desist (unless dangerous or futile) and (2)only to prevent a tort (hot pursuit also) -superseded by necessity, recapture of chattels; -mistake allowed except re: privilege Recapture of Chattels -Requires (1)timely demand (unless dang. or fut.), (2)hot pursuit, and only from (3)wrongdoer Trespass for Recovery of Chattels -Requires (1)prior demand, (2)within reasonable time, (3)in reasonable manner, on (4)wrongdoers prop. Necessity -Requires an act for the (1)benefit of any person (2)or to protect any property from destruction or serious injury, but (3)requires actor to pay for damages caused. Shopkeepers Privilege -Requires that (1)suspicion be reasonable as well as the (2)nature and (3)duration of confinement. Negligence
-Requires that the DF (1)breach a (2)duty to the PL (3)actually and proximately causing (4)damages

Res Ipsa -Requires showing that (1)action generally does not happen w/out negligence (2)DF was in exclusive control of the dangerous instrumentality and (3)no contributory negligence [some jurisds. add (4)show more likely than not that that was the cause]. -Gets you: (1)negligence per se, (2)rebutable negligence or (3)evidence of negligence [depending on jurisdiction] Defenses Contributory/Comparative Last Clear Chance (in contributory) Assumption of risk (express everywhere; implied only in contributory) Products Liability -Requires (1)DF=commercial supplier (2)product left in that condition (3)product was defective and (4)defect caused damage. Manufacturer Defect -Requires that (1)product differed from design. Design Defect -Requires that (1)[402-A] product was more dangerous than ordinary consumer would expect or (2)[3d Rest] A safer alternative design is available that would not compromise market feasibility to product utility. Defective for Lack of Adequate Warning -Requires that product (1)[402-a] had hidden dangers or was more dangerous than an ordinary consumer would expect or (2)[3d Rest.] had dangers information about which would materially alter ordinary consumers decision to purchase or use. Defenses Misuse; Open and Obvious; State of the Art; Learned Intermediary Implied Warranty of Merchantability and Fitness -When a (1)merchant is a dealer is type of goods, the UCC stipulates that there is an (2)implied warranty of merchantability and general fitness; [PLs for injury are either (a)purchaser, family, guests; OR (b)natural person w/ injuries; OR (c)everyone] -Can also get purely economic damages;
Negligent Infliction of Emotional Distress --Dillon Rule or Zone of Danger

People on Property
1. a.

a. i. ii. iii.

i. 3. a. i. ii. iii. 4. a. b. i. ii. 5. a. b. i.

iii. invitees

Undiscovered trespasser No duty owed; no standard of care Any other kind of PL, must ask What caused the injury? Activity anything owner occupier is doing on the land Ordinary negligence case Reasonable Person Standard PL distinction does not matter Dangerous Condition anything about the land (e.g.: a hole) PL distinction is relevant Discovered Trespasser Responsible for: artificial conditions person put it there involving risk of serious injury not lesser injuries that the owner occupier knows of Licensee Person there for their own purpose (social guests too) Responsible for warn of: Dangerous conditions The owner/occupier knows of (knows in fact) Invitee Person there for purpose of owner/occupier Responsible Dangerous conditions (all dangerous conditions) The owner/occupier should know about Duty to make reasonable inspection of property for benefit of