-
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
-
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
-
2. Affirmative Defenses
- Consent
- Self-Defense
- Defense of others
- Defense of property
- Necessity, public and private
-
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
-
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. 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
-
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
-
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
-
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
|
|