1.  The existence of a duty to exercise the degree of case that a reasonable and prudent person would exercise under similar circumstances

2.  A breach of that duty by a failure to adhere to the standard of reasonable conduct

3.  That the reasonable conduct was the actual and proximate cause of the plaintiff's injury

 4.  Actual injury to the plaintiff

1.  The defendant should have realized that his conduct would be offensive to a reasonable person

2.  The intrusion goes beyond the limits of decency

1.  The actor intended to inflict emotional distress or that he knew or should have known that emotional distress was the likely result of his conduct

 2.   That the conduct was "extreme and outrageous"

3.  That the actions of the defendant were the cause of plaintiff's distress

4.  That the emotional distress sustained by the plaintiff was "severe" and of a nature the "no reasonable man could be expected to endure it"

General Dynamics v. Cline

retirement benefits for older workers only. ADEA not to protect younger workers

defense: a legitimate nondiscriminatory reason for the employment decision

Plaintiff: Prove the reason is a pretext for discrimination.

show the defense lacks rationality and was not uniformly applied

violates a statute.

unreasonable if:

1. the injured person is within the class protected by the statute

2. The unjury was of the type that the statute was meant to prevent

mislabeled pills make guy sick = violation corrugated floor (for sanitation) makes woman trip is NOT a violation

(for movables)

1. Interference with the owner's right of possession (took it)

2. intent by the tortfeaser to do the act that constuted interference (inteded to)

3. Interference caused damage to the owner's property (broke it)

Expectation - reutrns Victim to had the contract gone through

Reliance - returns Victom to had the contract never been made

Restitution - puts BREACHING party where had the contract never been made s

pecific performance - makes the breaching party fulfill their duty (up to the court)

Smith v. City of Jackson

Officer pay to equalize, not a violoation of Title VII/ ADEA because there was a "reasonable factor other than age "

Consent - allowed b/c someone said it was

Privilege - allowed b/c of job, circumstance, w/e

actual - direct and causal: would it have happened but for the actions of the defendant?

proximate - was it forseeable?

1. Membership in a protected Class

2. Applied and was qualified for a job for which the employer was seeking applicants

3. Was rejected, after which the employer continued to look for applicants with similar qualifications

1. to reimburse a victim harmed by abnormally dangerous activities carried on voluntarily

2. to treat the risk as a cost of engaging in said activity