NEG
The elements of negligence are duty, breach, causation, harm. Duty is owed to a person or class
of persons, to take care not to cause an injury. Breach occurs when there was a lack of a degree
of care a party was duty bound to exercise. Causation occurs in two parts: actual and proximate
causation. Actual causation is established if but for a party’s careless conduct, the injury would
not have occurred. Proximate causation is established if the harm suffered is not a fortuitous or
remote consequence of a party’s conduct. Harm is the injury or injuries suffered as a result of
the negligent conduct.
PL
The elements of products liability are that plaintiff suffers an injury, defendant sold a product,
defendant is a commercial seller, at the time it was sold by the defendant the product was
dangerously defective and the defect was the actual and proximate cause of the plaintiff’s injury.
The defect can be a manufacturing defect, a design defect or a failure to warn
BATTERY
Defendant commits a volitional act with intent to commit harmful or offensive contact to
another.
ASSAULT
Defendant acts intending to cause the apprehension of an imminent harmful/offensive contact
AND the actor causes the other person to reasonably apprehend such a contact
IIED
By using extreme and outrageous conduct the defendant intentionally or recklessly causes severe
or emotional disturbance. Defendant is held liable for emotional disturbance and any physical
manifestations.
FALSE IMP
Willful detention without consent and without authority of law. Defendant acts intending to
confine plaintiff. Defendants act causes plaintiff to be confined and plaintiff is aware of
confinement. Must be a bound space
TRESPASS TO LAND
Defendant causes a physical invasion of property possessed by another.
TRESSPASS TO CHATTEL
Defendant commits an act of invasion to plaintiff’s personal property, the act is harmful to
person or property because it is taken or broken and the act interferes with the right to use/enjoy
property
CONVERSION
Invasion to personal property that causes owner to lose dominion/control over it
NIED
The defendant’s negligence is said to have caused the plaintiff’s emotional distress
SELF DEFENSE
An actor may use reasonable force when the actor reasonably believes necessary to injure
another to avoid imminent injuries to herself