Torts Should Know

Interchangeable/Transferrable Torts (FITBAT)
False Imprisonment
Trespass to Land
Battery
Assault
Trespass to Chattel

Not Interchangeable/Transferrable Torts (NIC)
Nuisance
Intentional Infliction of Emotional Distress (IIED)
Conversion

Respondent Superior
Employer is responsible for the acts of its employees while the employees are always within the scope of it's employment

Rule of Innocent Parties
Two innocent parties, but if one is more innocent, law protects the more innocent party

Agency Theory
One can be held liable for indirect contact/injury through an agent

Act
An external manifestation of the actor's will and does not include any of its results, even the most direct, immediate and intended

Voluntary
Act committed without outside influences

Apprehension
Seizing of one's mind

Apparent ability
If those looking at the case feel like you have the ability to do something, even if you don't accomplish it

Actual ability
Actually being able to do something

Recklessness (IIED)
Deliberate disregard of a high probability that emotional distress would follow

Severity (IIED)
Stress so severe no reasonable person could endure it

Nuisance
The intentional, substantial, unreasonable interference with another's use of land

Ejectment
An action to remove a defendant who is in possession of land, not just temporarily on it

Quiet Title Action
The plaintiff is in possession of the land and the defendant claims ownership to it

Prescriptive Rights
After a period of time after one has been trespassing without interference or interruption it becomes a right

Conversion Factors (I DIG HI)
Intent to assert inconsistent rights
Duration/extent of dominion or control
Interference both extent and duration that resulted
Good faith?
Harm
Inconvenience/expense caused

Manner of Conversion (RAM RUDD)
Receiving
Acquiring
Misdelivering
Refusing to surrender
Using
Damaging/altering
Disposing of it

Types of documents that are protected under conversion
Must be literary property, scientific invention, secret plans, or instruments of fair and effective commercial competition

Fraud (conversion)
When rightful owner/possessor passes goods and title of goods through fraud, owner/ possessor intended them to be placed in the stream of commerce. Thief sells goods to bonafide/good faith purchaser
Bonafide/good faith purchaser is not liable, BUT one who obtained through fraud is liable for conversion

Theft (conversion)
When rightful owner/possessor does not intend to depart with goods or title of goods, but the thief steals the goods. Thief steals goods and sells them to bonafide/good faith purchaser.
Bonafide/good faith purchaser and thief are BOTH liable for conversion

Types of Privileges (SADD PORN JC)
Self defense
Authority of law
Discipline
Defense of Property
defense of Others
Recovery
Necessity
Justification
Consent

Types of consent
Expressed, Implied, and Apparent

Doctrine of Informed Consent
When the plaintiff has given consent, but the doctor fails to inform the patient of material risks and alternatives.
Doctor must indicate: treatment, alternatives, collective risks.
Doctor does not have to disclose remote risks

Self Defense
One has privilege to use reasonable defense against assault and battery

Defense of Others
The defendant is privileged to use reasonable force to defend another even when he is mistaken in his belief that intervention is necessary, so long as his mistake was reasonable

Defense of Property
An owner of premises is prohibited from willfully or intentionally injuring a trespasser by means of forces that either takes life or inflicts great bodily injury

Recovery of Property
One can recover if one is in fresh pursuit and seeks to recover immediately after possession and makes a demand if reasonable and uses reasonable force

Escape Theory (necessity)
Plaintiff alleges plaintiff would have been able to avoid or escape harm, whether intentional or negligent if the defendant's actions had not prevented the plaintiff from doing so

Risk-Utility analysis
Whether or not benefit outweighs the risk
If risk outweighs the benefit, then there is a breach

Custom
Others engaged in the same business or calling

Standards of Professional
Strict locality rule (minority)
Same/similar community (majority)
National board Standard (overall majority)

Negligence
Arises when one falls below the standard of care set by law to protect other from unreasonable risks of harm

Duty
An obligation of standard of conduct set by law to protect other from unreasonable risks of harm

Breach of Duty
Where one falls below the standard of care

Causation Types
Actual and Proximate cause

Actual Cause
One without which a thing cannot be / action of D which would a thing (harm of P) cannot be

Proximate Cause
In the natural and continuous sequence of events without an efficient (superseding) break in the chain without which a harm could have not occured

Types of Proofs
direct, circumstantial and res ipsa loquittos

Direct Evidence
Evidence which proves a fact without which fu without which further evidence or inference is needed

Circumstantial evidence
One or more inferences made from proven facts