2. P must prove that she suffered from legally recognized harm and that the harm was caused by the D
3. “D’s negligence was an actual cause of this damage” = Required Element of Negligence Claim
4. P must prove that if D had not acted in that matter, then the harm would not have been caused

Physical invasion of someone’s land, unless consented to or privileged.
(1) An act of physical invasion of a P's real property by D;
Intent on D to physically invade the P's real property

1. Self-defense
2. Necessity - both private and public
3. Consent

What are the five elements of a prima facie negligence case that the P must prove?

1. P must prove that her harm fell within the scope of the defendant’s liability;
a. Meaning the harm resulted from the risks that made the D’s conduct negligent in the first place.
b. Scope of Liability = “Proximate Cause”
2. Proximate cause determinations involve case-specific inquiries into whether the D should be held legally responsible to the P.
3. Liability for negligence is the unreasonable risk the D created; not for reasonable risks or for those that were unforeseeable

What are the elements of battery?
Provide a case example

Conversion Elements:
1. Acts in a way that
2. Intentionally or substantially interferes
3. With the personal property of another
4. To the extent that plaintiff no longer “owns” the property

1. Actual or reasonably apparent need for self-defense
2. The force, threat, or imprisonment that is used is reasonable in degree and responsiveness to the apparent threat;
a. Cannot be excessive force

Instructions that are given to a jury stating - A person confronted w/ a sudden emergency, which he does not create, who acts according to his best judgment, or b/c of insufficient time to form a judgment fails to act in the most judicious manner, is NOT guilty of negligence if he exercises the care of a reasonably prudent person in like circumstances.

1. P must suffer legally cognizable harm – commonly referred to as “actual damages”

2. P who proves that the D’s conduct was negligent, but fails to show that actual damages resulted out it will lose the case.

If you have intent of assault and battery to a person and your act is inflicted upon someone else, your original intent to assault and battery is now transferred to this new person. Satisfies both dual and single intent jurisdictions

To establish trespass to chattels, P must prove that D intentionally, and without justification or consent, physically interfered with the use and enjoyment of personal property in P’s possession, and that P was harmed thereby.

1. Reasonable suspicion
2. Conduct on the P was done in a reasonable manner and it was a reasonable duration of detention

Only 1 standard of “reasonable care” is applied to negligence claims. The standard is the same, what changes if the amount of care a Reasonably Prudent Person would take.

They break the causal chain.

Assault is when one acts intentionally to cause apprehension in another of a harmful or offensive contact.
Cases - Cullison v. Medley

Confinement: can be imposed by physical barriers or physical force, or much less than that:
• Mere threats of physical force can suffice; and
• That the threats may be implicit as well as explicit; and
• Confinement can be based on a false assertion of legal authority to confine
o Ex) McCann v. Wal-Mart. D’s told P’s that they had to come with them b/c police were coming

Reasonable Force (Katko limitation): For D to invoke privilege, D would have to use reasonable force and reasonably believe that intrusion can be prevented / terminated only by the force D used.

The circumstantial evidence doctrine of res ipsa loquitur (“the thing speaks for itself”) deals with those situations where the fact that a particular injury occurred may itself establish or tend to establish a breach of duty owed.

an intervening act of some second tortfeasor should relieve the first tortfeasor of liability ONLY when the resulting harm is outside the scope of the risk negligently created by the first tortfeasor

False imprisonment is conduct by the actor which is intended to and does confine another within boundaries fixed by the actor where the victim additionally is aware of the confinement or is harmed by it.

Cases - McCann v. Wal-Mart

• D must intent to exercise dominion or control over the chattel.
• Even if D acts with good faith belief that the chattel is hers, she is still a converter if the control exercised substantially interferes with the true owner’s control.

Expressed consent: You give someone verbal or written permission that they can do something.

Implied consent: You give consent by your actions and the facts & circumstances of the situation (sometimes implied by silence)

An act or omission to act is the cause in fact of an injury when the injury would not have occurred but for the act.
Example: Failure to provide a fire escape is a cause of death of one who is thereby
unable to flee a fire, but it is not a cause of death of one who suffocated in bed.

1. P must prove that she suffered from legally recognized harm and that the harm was caused by the D
2. “D’s negligence was an actual cause of this damage” = Required Element of Negligence Claim
3. P must prove that if D had not acted in that matter, then the harm would not have been caused