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Elements, Factors, Statutes

Battery elements Intent to contact Contact Consent (lack of) Harm (objective)
Assault elements Intent to batter Reasonable, imminent, apprehension Overt act
False imprisonment elements Intent to confine Actual confinement (or restriction of movement) Victim awareness Privilege (lack of)
IIED elements Intent to harm Severe emotional distress Purpose to substantial certainty (lady known to be crazy) Extreme & outrageous conduct Causation (sometimes)
Trespass to land elements Act of entering property Intent to enter Actual entrance
Trespass to chattel elements Act Intent Dispossession, interference, intermeddling, harm
Conversion elements Intent Conversion
Policy factors 1. D's capacity to bear or distribute losses 2. D's capacity to analyze the risk 3. need for deterrence of future harmful conduct 4. efficient admin of law 5. morality of D's conduct 6. need for compensation 7. historical development of precedents
Negligence elements CIF Duty-risk (traditional duty, scope of duty) Injury Breach
NIED (mental distress) elements [elements by statute; general req'd, too] Familial relationship (spouse, child, ...) Concurrent observation or come upon scene before substantial change Direct harm (reasonable, foreseeable distress) Severe and debilitating distress
Mispresentation, elements Existence of legal duty on part of D to supply info or refrain from supplying incorrect info Breach of duty Damages
Vicarious liability, elements Employment relationship Course and scope of employment Underlying fault (intentional/negligent) of employee
Watson factors, #1-4 1. whether conduct resulted from Inadvertence or involved an Awareness of the danger 2. how Great a risk was created by the conduct 3. Significance of what was sought by the conduct 4. the Capacities of the Actor, whether superior or inferior
Watson factors, #5-7 5. any Extenuating Circumstances which might require the actors to proceed in haste, without proper thought 6. Comparative Causation -- who was more closely connected? 7. comparative cost -- who is the Least Cost Avoider?
statute: providers of alcohol, immunity 2800.1
statute: slip and fall 2800.6
statute: elements for NIED (from Lejeune, rats) 2315.6
statute: switch from contributory negligence to comparative fault 2323
statute: null waivers, for intentional, gross fault, and physical injury 2004
statute: strict liability 2317-22
statute: things, SL 2317
statute: minors, SL for parents 2318
statute: insane, all negligence 2319
statute: vicarious; SL parents, N for rest 2320
statute: animals; SL dogs, N for rest 2321
statute: buildings; all N 2322
statute: absolute liability 667-669
statute: unforeseen stuff in surgery, get consent 1299.53
statute: product liability 2800.52, 54, 56, 57
statute: survival and wrongful death 2315.1, 2315.2
statute: governmental immunity LaRS 9:2798.1
statute: parade immunity LaRS 9:2796.1
statute: recreational use immunity LaRS 9:2795
statute: gratuitous assistance LaRS 9:2793
Course and scope of employment factors (Reed factors) #1-5 1. payment of Wages by employer 2. employer's power of Control 3. employee's Duty to perform the particular act 4. Time, Place, and Purpose of the act in relation to service of the employer 5. Relationship b/w employee's act and employer's business
Course and scope of employment factors (Reed factors) #6-8, or shorter form 6. Benefits received by employer from the act 7. Motivation of the employee for performing the act 8. Reasonable Expectation of the employer that the employee would perform the act -or- A. temporal element B. spatial element
Coleman factors, when something falls into MedMal 1 is Wrong Treatment related? 2 does wrong require Expert med evidence to determine standard/care? 3 does act/omission involve Assessment of P's condition? 4 occur within Physician-P Relationship? 5 injury happen if P not seek Treatment? 6 Intent'l t
LPLA elements Manufacturer Prox cause (any injury w/in reasonably anticipated use ok) Damages Unreasonably dangerous condition in product Reasonably anticipated use Timing (has to exist in product when leaves manufacturer)
LPLA: unreasonably dangerous condition in product: 5 types Construction or composition Design defect Failure to warn Breach of express warranty Unreasonable per se
Can suit relate back? 1. must arise out of same Occurrence 2. does D know other party Exists? 3. does D know they would've been sued if P hadn't Mistakenly sued wrong person? 4. new P must not be Wholly new/unrelated (bc would be a new C/A)
Damages 1. Pain and suffering 2. Hedonic, loss enjoyment of life damages 3. Special (lost wages, lost earning capacity, medical expenses, etc.) 4. Property 5. Loss of consortium 6. Punitive damages
Created by: scottsmith81