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 PL’s land.Trespass to Chattels -(1)Intentional (2)act by DF (3)causing a (4)temporary or minor interference or damage to PL’s chattels.Conversion -(1)Intentional (2)act by DF (3)causing a (4)serious interference w/ PL’s 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 distressDefenses:Consent; express, implied, implied in law; must be (1)able to consent and (2)within scope of consentDefense 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 bystandersDefense 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-superseded by necessity, recapture of chattels; -mistake allowed except re: privilegeRecapture of Chattels -Requires (1)timely demand (unless dang.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)wrongdoer’s 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.

Shopkeeper’s 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]DefensesContributory/ComparativeLast 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.

DefensesMisuse; Open and Obvious; State of the Art; Learned IntermediaryImplied 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 Property1. Undiscovered trespasser

a. No duty owed; no standard of care2. Any other kind of PL, must ask “What caused the injury?”

a. Activity – anything owner occupier is doing on the landi. Ordinary negligence case

ii. Reasonable Person Standard iii. PL distinction does not matter

b. Dangerous Condition – anything about the land (e.g.: a hole)i. PL distinction is relevant

3. Discovered Trespassera. Responsible for:

i. artificial conditions – person put it thereii. involving risk of serious injury – not lesser injuries

iii. that the owner occupier knows of4. Licensee

a. Person there for their own purpose (social guests too)b. Responsible for warn of:

i. Dangerous conditions ii. The owner/occupier knows of (knows in fact)

5. Inviteea. Person there for purpose of owner/occupierb. Responsible

i. Dangerous conditions (all dangerous conditions)ii. The owner/occupier should know about

iii. Duty to make reasonable inspection of property for benefit of invitees