Torts
(Note that whether evidence of motive can be used at trial to establish intent or another element is a question for evidence law.)
Children as well as the mentally ill, developmentally disabled, and demented can commit intentional torts
If plaintiff is unharmed, but is aware of the confinement, this element is satisfied
Likewise, if plaintiff is unaware of the confinement, but is harmed by it, the confinement, this element is satisfied
The intentional or reckless infliction, by extreme and outrageous conduct, of severe emotional distress
The "eggshell plaintiff" doctrine does not apply to allow unusually sensitive plaintiffs to recover for acts that would not cause severe emotional distress in persons generally
However, if the defendant knows about the unusual sensitivity, a cause of action will lie
Outrage is also known as "intentional infliction of emotional distress" or "IIED"
An intentional exercise of dominion or control over a chattel which so substantially interferes with the plaintiff's rights as to require defendant to be forced to purchase it
A person is entitled to use reasonable force to prevent any reasonably believed threat of imminent battery or false imprisonment
Same as self defense, but in a majority of jurisdictions, a mistake in perceiving a threat, even if reasonable, will void the defense
+ - A person is privileged to invade the property rights of another to avoid injury to person or property, but must pay compensatory damages
+ - Same as for private necessity, but where the community at large is threatened, no compensatory damages are owed.
A rescuer is a foreseeable plaintiff where the defendant negligently put the self or a third person in peril. "Danger invites rescue."
Exception: good samaritan statutes exempting medical professionals from liability for ordinary, but not gross, negligence in voluntarily acting to help someone
Duty to warn or make safe concealed artificial conditions, known to the owner/occupier, involving risk of death or serious bodily injury
+ -
Persons who enter land with permission for their own benefit, rather than the benefit of the owner/occupier. (Licensees include friends and contractors coming on to the premises to make sales or repairs.)
Duty to warn of or make safe any known, concealed dangerous condition (whether natural or artificial)
No duty to inspect
+ - Persons entering land with permission for the owner/occupier's business or as members of the public on land open to the public
Under special circumstances, liability may be imposed without a showing of negligence or other form of culpability
+ - Degree of danger
Uncommonness of activity in area
Cost benefit analysis; value of activity to community versus risk of harm created (Restatement, Posner)
E.g., “flagrant misconduct,” “malice,” “in conscious disregard,” “willful, wanton, or reckless,” and “wantonly reckless or malicious.”
The plaintiff has been behaving badly, and thus is in no position to demand a remedy as a matter of "fairness" from defendant
+ - Federal Tort Claims Act
States have statutory schemes partially waiving sovereign immunity and providing for suit similar to the FTCA
Every person who under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, Suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.