Torts

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Author:
willchoi
ID:
203124
Filename:
Torts
Updated:
2013-02-24 20:51:14
Tags:
Torts
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Description:
Torts
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  1. Torts Outline
    • 1. Intentional Torts
    • 2. Affirmative Defenses
    • 3. Defamation
    • 4. Invasion of Privacy
    • 5. Negligence
    • 6. Strict Liability
    • 7. Products Liability
    • 8. Misc Torts
  2. 1. Intentional Torts
    • ABFITT
    • Assault: intent, act places P in reasonable apprehension, of immediate battery
    • Battery: intent, harmful or offensive contact by D, to P's person
    • False Imprisonment: intent to restrain, confinement to bounded area, P is aware or harmed
    • IIED: intentional extreme and outrageous conduct, P suffers sever distress
    • NIED: negligence, P in zone of danger, P suffers physical symptoms from distress
    • Trespass to Land: intent, physical invasion, of P's land
    • Trespass to Chattels: intent, interference with P's right to possession
  3. 2. Affirmative Defenses
    • Consent
    • Self-Defense
    • Defense of others
    • Defense of property
    • Necessity, public and private
  4. 3. Defamation
    • Elements
    • - Defamatory statement
    • - of or concerning P
    • - publication
    • - damages
    • Types
    • - Libel: damages presumed
    • - Slander: economic damages must be proven
    • - Slander per se: about P's profession, crime of moral turpitude, unchaste, or loathsome disease - damages presumed
    • Constitutional Defamation 1st Amd must prove
    • - falsity of statement
    • - D's fault
    • -- public figure: knowledge of falsity or reckless disregard
    • -- private figure, public concern: negligence re falsity
    • -- private figure, private concern: strict liability
    • Defenses
    • - Truth
    • - Consent
    • - Privilege
    • -- Absolute: spouses, gov officers conduction official duties, remarks during judicial proceedings
    • -- Qualified
  5. 4. Invasion of Privacy
    • Appropriation of P's name or picture for commercial use
    • Intrusion: invasion of P's seclusion that's highly offense to average person
    • False Light: widespread dissemination, of material misrepresentation, that is highly offensive to average person
    • Public disclosure of private facts: widespread dissemination, of private information, that is highly offensive to RP
    • Defenses
    • - Consent
    • - Defamation Privileges
  6. 6. Negligence
    • Duty: RPP to all foreseable Ps
    • - Trespassers: no duty if undiscovered; discovered warn against known, man-made, death traps
    • - Attractive nuisance: exercise ordinary care to avoid harm to children if knowledge of dangerous condition, knowledge of possible trespassers, unreasonable risk to children, and cost to remedy is slight compared to risk
    • - Licensee: social guest, duty to protect against hidden known dangers
    • - Invitee: bus. guest, duty to warn and reasonable inspection
    • Breach
    • - Negligence per se: P member of class law seeks to protect, and harm the type law seeks to protect against
    • - Res ipsa loquitur: accident does not happen absent N, N attributed to D (D under control)
    • Causation
    • - Actual: but for
    • - Proximate: harm foreseeable
    • Damages
    • Defenses
    • - Contributory N
    • - Comparative Fault
    • - Assumption of risk: knew risk but exposed herself anyway
  7. 6. Strict Liability
    • Animals
    • - Wild animals SL
    • - Domesticated animals, SL if O has knowledge of vicious propensities, no SL for trespassers
    • Ultrahazardous Activities
    • - cannot be performed safely
    • - serious risk of harm
    • - uncommon in community
  8. 7. Products Liability
    • Strict Products Liability
    • - Manufacturing defect
    • - Design defect
    • - Warning defect
    • Negligence Products Liability
    • Warranties
    • - Express warranty
    • - Implied warranty of merchantability
    • - Implied warranty of fitness for particular purpose
  9. 8. Misc Torts
    • MEAN VJ
    • Misrepresentation: misrep, scienter, intent to induce reliance, justifiable reliance, damages
    • Economic interference with business relationship: existence of K, knowledge by D, intentional interference inducing breach, damages
    • Arrest privilege
    • Nuisance: substantial interference, with use and enjoyment of land
    • Vicarious liability
    • Joint tortfeasor liability

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