torts -- establishing prima facie case

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Author:
rubidoux
ID:
128852
Filename:
torts -- establishing prima facie case
Updated:
2012-01-19 02:33:53
Tags:
torts
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Description:
bar torts study cards
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  1. BATTERY
    1. An ACT by the defendant which brings about harmful or offensive contact to the plaintiff's person;

    2. INTENT on the part of the plaintiff to do harmful or offensive contact to plaintiff's person; and

    3. CAUSATION.
  2. ASSAULT
    1. An ACT by the defendant creating a reasonable apprehension in plaintiff of immediate harmful or offensive contact to plaintiff's person;

    2. INTENT on the part of the defendant to bring about in the plaintiff apprehension of immediate harmful or offensive contact with the plaintiff's person; and

    3. CAUSATION.
  3. FALSE IMPRISONMENT
    1. an ACT or OMISSION to act on the part of defendant that confines or restrains plaintiff to a bounded area;

    2. INTENT on the part of the defendant to confine or restrain the plaintiff to a bounded area; and

    3. CAUSATION.
  4. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
    1. An ACT by defendant amounting to extreme and outrageous conduct;

    2. INTENT on part of defendant to cause plaintiff to suffer severe emotional distress, or reclkessness as to the effect of defendant's conduct;

    3. CAUSATION; and

    4. DAMAGES -- severe emotional distress.
  5. TRESPASS TO LAND
    1. An ACT of physical invasion of plaintiff's real property by defendant;

    2. INTENT on defendant's part to bring about a physical invasion of plaintiff's real property; and

    3. CAUSATION.
  6. TRESPASS TO CHATTELS
    1. An ACT of defendant that interferes with plaintiff's right of possession in the chattel;

    2. INTENT to perform the act bringing about interference with plaintiff's right of possession;

    3. CAUSATION; and

    4. DAMAGES.
  7. CONVERSION
    1. An ACT by defendant interfering with plaintiff's right of possession in the chattel that is serious enough in nature or consequence to warrant that the defendant pay the full value of the chattel;

    2. INTENT to perform the act bringing about the interference with plaintiff's right of possession;

    3. CAUSATION.
  8. DEFAMATION
    1. DEFAMATORY LANGUAGE on the part of the defendant;

    2. which must be of or concerning the plaintiff;

    3. PUBLICATION of the defamatory language by the defendant to a third person; and

    4. damage to the reputation of the plaintiff.
  9. INVASION OF RIGHT TO PRIVACY

    APPROPRIATION OF PLAINTIFF'S PICTURE OR NAME
    1. UNAUTHORIZED USE by defendant of plaintiff's picture or name for defendant's commercial advantage.
  10. INVASION OF RIGHT TO PRIVACY

    INTRUSION ON PLAINTIFF'S AFFAIRS OR SECLUSION
    1. ACT of prying or intruding on the affairs or seclusion of the plaintiff by the defendant;

    2. The intrusion is something that would be objectionable to a reasonable person; and

    3. The thing to which there is an intrusion or pyring is private.
  11. INVASION OF PRIVACY

    PUBLICATION OF FACTS PLACING PLAINTIFF IN FALSE LIGHT
    1. PUBLICATION of facts about plaintiff by defendant placing plaintiff in a false light in the public eye;

    2. The false light is something that would be objectionable to a reasonable person under the circumstances; and

    3. MALICE on the part of the defendant where the published matter is in the public interest.
  12. INVASION OF PRIVACY

    PUBLIC DISCLOSURE OF PRIVATE FACTS
    1. Publication or public disclosure by defendant of private information about the plaintiff; and

    2. the matter made public is such that a reasonable person would object to having it made public.
  13. INTENTIONAL MISREPRESENTATION
    1. MISREPRESENTATION by defendant;

    2. SCIENTER;

    3. an INTENT to induce plaintiff's reliance on the misrepresentation;

    4. CAUSATION (actual reliance);

    5. justifiable RELIANCE; and

    6. DAMAGES.
  14. NEGLIGENT MISREPRESENTATION
    1. MISREPRESENTATION made by defendant in business or professional capacity;

    2. BREACH of duty toward particular plaintiff;

    3. CAUSATION;

    4. justifiable RELIANCE by plaintiff upon the misrepresentation; and

    5. DAMAGES.
  15. INTERFERENCE WITH BUSINESS RELATIONS
    1. Existence of a valid contractual relationship between plaintiff and a third party or a valid business expectancy of plaintiff;

    2. defendant's KNOWLEDGE of the relationship or expectancy;

    3. INTENTIONAL INTERFERENCE by defendant that induces a breach or termination of the relationship or expectancy; and

    4. DAMAGE to plaintiff.
  16. MALICIOUS PROSECUTION
    1. Institution of criminal proceedings against plaintiff;

    2. termination favorable to plaintiff;

    3. absence of probable cause for prosecution;

    4. IMPROPER PURPOSE of defendant; and

    5. DAMAGES.
  17. NEGLIGENCE
    1. The existence of a DUTY on the part of the defendant to conform to a specific standard of conduct for the protection of the plaintiff against an unreasonable risk of injury;

    2. BREACH of that duty by defendant;

    3. that the breach of duty by defendant was the actual and proximate cause of the plaintiff's injury; and

    4. DAMAGE to the plaintiff's person or property.
  18. STRICT LIABILITY
    1. The existence of an ABSOLUTE DUTY on the part of the defendant to make safe;

    2. BREACH of that duty;

    3. the breach of the duty was the actual and proximate cause of plaintiff's injury; and

    4. DAMAGE to plaintiff's person or property.
  19. FIVE THEORIES OF PRODUCTS LIABILITY
    1. Intent;

    2. Negligence;

    3. Strict Liability;

    4. Implied warranties of merchantability and fitness for a particular purpose; and

    5. Representation theories (express warranty and misrepresentation).

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