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IIED
intentional, extreme, & outrageous conduct causing severe emotional distress
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false imprisonment
intentionally placing one in a bounded area w/no means of escape & victim knows of their confinement
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battery
intentionally causing a harmful or offensive contac to another
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assault
intentionally placing one in apprehension of an imminent harmful or offensive contact
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negligent misrepresentation
negligently made a misleading statement or untrue statement, there was reliance and damages
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Trespass to chattel
intentionally interfering with the personal property of matter; preventing owne from use
damages= whatever is used
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private nuisance
substantial & unreasonable interference with the use & enjoyment of real property
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Intentional interference w/contractual relationship
- 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
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Levels of duty
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
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NIED
negligent conduct causing severe emotional distress & some sort of physical harm (or physical manifestation)
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Negligence
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
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Negligenve per se
- 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
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res ipsa loquitur
the thing speaks for itself
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pure comparative negligence
pltf will still recover but recovery is reduced by their % of fault
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Intervening cause
something else that happened that was forseeable, original def is responsible for subsequent damages
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superseding cause
something that is unforeseeable & cuts off liability of original def
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strict liability- unknown trespassers/animals
unknown trespassers may not recover in strict liability for injuries inflicted by domestic animals, even if dangerous propensities are known
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strict liability & animals (wild/livestock)
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
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Strict liability & contributory negligence as a defense
when pltf is neglect in unreasonably subjecting herself to known risk of harm recovery in strict liability is barred
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product liability defenses
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)
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Strict liability
- 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
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strict liability defense
--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
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products liability
area of torts, not a tort
3 causes of action: negligent behavior, breach of warranty, strict product liability
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Defenses to strict product liability
product misuse, assumption of the risk, adequate warning
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strict products liability
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
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attractive nuisance
- (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
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defamation
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)
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