Negligence: Negligence is the failure to conform ones conduct as a reasonable person would under the same or

similar circumstances. The prima facie elements of negligence are Duty; Breach; Causation and Damages.

Res Ipsa Loquitor:

The event is of a kind which ordinarily does not occur in the absence of negligence. Other responsible causes,
including the conduct of plaintiff and third persons, are sufficiently eliminated by the evidence. The indicated
negligence is within the scope of defendants duty to plaintiff. P must show that harm would not have taken
place if not for the Ds negligence.
Negligence Per Se:
A P can establish a Ds duty and its breach, if the P can show that the D violated a sfety
statute/regulation/ordinance. The injury suffered by the P must be the same type of injury that the statute was
meant to protect against. The P must be part of the class of people that statute is meant to protect. P must show
that the D had no viable excuses, D attempted to comply, there was an emergency situation, greater risk of harm
if there was statute compliance.

Duty: In general there is no duty to act; however, when one acts affirmatively they have a duty to act as a
reasonable person would under similar circumstances. Under the Cardozo majority view as posited in the
Palsgraf case, a duty exists to those within the foreseeable zone of danger. Under the minority Andrews view if a
duty extends to one foreseeable plaintiff it is extended to all actually and proximately injured, it s

Standard of Care:
The standard care is a measure of the duty owed. The standard is how a reasonable person would behave under
similar circumstances. . But of D has superior actual knowledge and judgment higher than the reasonable person,
he will be held to that actual knowledge. A reasonable person knows things which are common knowledge in
the community

Breach: Breach occurs when a person who owes a duty of care acts unreasonably, thereby
causing harm to the plaintiff. The measure of ones breach can be calculated through the Hand formula, which
states that B < P * L. The Hand formula states that if the burden (B) to reduce the injury is less than the
probability (P) of the harm times the magnitude (L) of the harm, then the party has breached.

Causation:Causation exists in two forms, Actual and Proximate. A plaintiff must prove both cause in fact and
proximate cause in a negligence case

Actual Cause: But for

In order to be liable the breach must be the cause of the harm. Actual cause is said to exist when but for the act
of the D the injury would not have occurred. Where there are two Ds the burden of proof is on the D to show
that they did not cause an injury to the P. (substantial factor addition to but for).

Proximate Case: Scope of liability, foreseeability

A D is only liable for consequence which are rsonably foreseeable at the time of Ps injury, which are not tooo
remote or imporable. The D takes the P as they find them, they will be responsible for greater than normal exten
of injury to P.

Only superseding intervening events which are unforseebale will break the chain of Ds causation. Such an event
can be: criminal act of a 3rd party, unforeseen acts of god, grossly negligent mefical care. But foreseeable
intervening causes which take place after the Ds actions and contribute to Ps injury will not break the causal
chain.

Contributory Negligence:
Total bar to recovery for P. Contributory N occurs when Ps unreasonable conduct proximatly causes their harm.
CN is not available in situation where the D engages in willful, wanton, or reckless conduct.

Intentional Torts:
Assault: Assault occurs where the D intends to cause a P to experince a fearful apprehension of an immeinent
battery. Assault normally occurs through an interaction of words and actions with some kind of threatening
gesture by the defendant. The plaintiff must be aware of the threat posed by the defendant, and the defendant
must have the apparent ability to cause a battery.

Battery: A battery occurs where the defendant intends, or takes action with an intent to a substantial certainty,
to cause a harmful or offensive touching to another, or something connected with that person. An offensive
touching is present when the dignity of a reasonable person would be hurt.

False Imprisonment: False imprisonment occurs where a defendant intends, or takes action with knowledge to
a substantial certainty, to confine plaintiff to a bounded area with physical means or threats, for any length of
time, and in which plaintiff has no reasonable means of escape. The plaintiff must be aware of the confinement.

Intentional Infliction of Emotional Distress: Intentional infliction of emotional distress occurs where a
defendant engages in extreme and outrageous conduct outside of the bounds of societal appropriateness, while
intending or with knowledge to a substantial certainty, that plaintiff will suffer severe emotional distress
causing plaintiff to seek medical care for resultant physical manifestations of emotional distress. The speaking of
words alone may be sufficient to establish IIED for common carriers or innkeepers. Transferred intent is not
applicable to intentional infliction of emotional distress. THIRD PARTY RECOVERY. A person to person
transferred intent may be applicable where the other person is a family member that is present at the scene and
within the zone of danger, and is known to be present by the defendant, who acted intentionally or recklessly.

Self Defense: Self-defense is available as a defense when the defendant uses reasonable, non-retaliatory force,
against an imminent threat of harmful touching or a false imprisonment. There is no requirement that the
defendant retreat if they are in their own dwelling home. Deadly force may be justified to prevent serious bodily
harm to one's person.

Necessity:Necessity is available as a defense when a defendant finds it necessary to harm the property of
another in order to prevent a larger harm from taking place.
Public Necessity: Public necessity is an applicable defense where a defendant takes reasonable action that is
necessary to prevent a disaster or harm to many. Under public necessity, the defendant is not liable for damages
to the plaintiff.
Private Necessity: Private necessity is an applicable defense where a defendant takes reasonable action that is
necessary to prevent harm to the defendant or to a third person. Under private necessity, the defendant is liable
for actual damages to the plaintiff.

Defense of Others: Defense of others is an applicable defense where a defendant uses reasonable force to
protect another from imminent harm. At common law a defendant stepped into the shoes of plaintiff, and was
responsible for a mistake in the use of force. Modernly, courts allow a reasonable mistake.

Consent: Consent consists of an express or implied agreement between the defendant and the plaintiff, garnered
from the circumstances, for defendant to engage in the activity that caused the intentional tort. However, the
defendant may not exceed the scope of any consent given by the plaintiff, and the defendant may not use fraud
or duress to induce the consent of the plaintiff.

Defense of Property: A defendant may use reasonable, non-deadly force in defense of their real property, as
long as the defendant gives a verbal warning, and the defendant takes action only to defend against a trespass to
land.

Recapture of Property: A defendant may use reasonable, non-deadly force to recover wrongly taken personal
property, if the defendant acts immediately in hot pursuit. After a demand to return defendant's property, the
defendant may enter the property of another to recover their personal property. A reasonable mistake is not
allowed.
Shop-Owners Privilege: A defendant shop-owner may detain a customer, in order to conduct a reasonable and
timely investigation, if the defendant has a reasonable belief that the customer was shoplifting. A reasonable
mistake is allowed.

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