MBE Torts

intentional, extreme, & outrageous conduct causing severe emotional distress

intentionally placing one in a bounded area w/no means of escape & victim knows of their confinement

intentionally causing a harmful or offensive contac to another

intentionally placing one in apprehension of an imminent harmful or offensive contact

negligently made a misleading statement or untrue statement, there was reliance and damages

intentionally interfering with the personal property of matter; preventing owne from use

damages= whatever is used

substantial & unreasonable interference with the use & enjoyment of real property

• 1. aware of existence of K
• 2. knowledge of relationship by 3rd party
• 3. intent to induce a breach
• 4. lack of privilege by 3rd party
• 5. damages

unknown trespasser: landowner owes no duty

• known trespasser/licensee: duty to warn of known dangers
• licensees: social guests, friends, personal relationships

• invitees: duty to warn, inspect, & make safe
• invitees: business relationships

negligent conduct causing severe emotional distress & some sort of physical harm (or physical manifestation)

duty: act as reasonably prudent person

breach: didn't act as reasonably prudent person

• causation: (1) actual cause-"but for" defs actions nothing wld have occurred
• (2) proximate cause-whether forseeable

damages: some sort of actual harm

• 1. violation of a statute
• 2. person harm was part of protected class statute was designed for
• 3. injury is type statute aimed to prevent

the thing speaks for itself

pltf will still recover but recovery is reduced by their % of fault

something else that happened that was forseeable, original def is responsible for subsequent damages

something that is unforeseeable & cuts off liability of original def

unknown trespassers may not recover in strict liability for injuries inflicted by domestic animals, even if dangerous propensities are known

def strictly liable for any trespass to land or chattel by livestock or wild animals (if of a kind likely to escape trespass or do damage)

--does NOT apply to domestic animals

when pltf is neglect in unreasonably subjecting herself to known risk of harm recovery in strict liability is barred

misuse: pltf sees in a way not intended or foreseeable

assumption of the risk: NOT contributory negligence

comparative neg: pltfs recovery may be reduced for wrongful conduct that contributed to injury (some juris) (usually limited to misuses/abnormal use)

• Def is liable for injuring pltf whether or not def exercised due care
• -inherently/abnormally dangerous activities
• -possession of wild animals

*breach of absolute duty of care proxiamately causing harm to pltf

--assumption of the risk (recovery barred completely)

--contributory negligence-NOT a defense generally

--comparative fault (some states) reduce recovery for pltf neg that contributes to their injury

area of torts, not a tort

3 causes of action: negligent behavior, breach of warranty, strict product liability

product misuse, assumption of the risk, adequate warning

1. defective product that causes injury

2. proper pltf: any pltf injured while using defective product (purchasers, consumers, families, friends, guests, & employees)

• 3. proper def: person who assembles finished products is strictly liable for defects in components used
• --component manufacturer also strictly liable for comp. defects or if they knew/shld have know it was being misused
• --rebuilder/reconditions of used good usually=manufacturer

defective condition unreasonably dangerous

• (1)an artificial condition exists
• (2) owner knew or shld have known kids wld trespass
• (3)children based on age, youth, maturity fail to appreciate danger (subjective standard)
• (4) utility of maintaining the dangerous condition is slight compared to the risks

a false negative statement made w/publication & there were damages

private person-negligent statement made w/o regard for the truth

public figure-statement made w/malice (reckless)