Torts - Weird Torts

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Author:
stevendwhang
ID:
279004
Filename:
Torts - Weird Torts
Updated:
2014-07-15 17:38:45
Tags:
Torts Weird
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Description:
Torts - Weird Torts
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  1. assault
    • 1) reasonable apprension by plaintiff
    • 2) of immediate harmful or offensive contact
    • 3) with his person
  2. battery
    • 1) harmful or offensive contact
    • 2) with P's person
  3. false imprisonment
    • 1) act confining plaintiff
    • 2) to a bounded area
  4. IIED
    • 1) outrageous conduct
    • 2) causing severe emotional distress
  5. trespass to chattels
    • 1) inteference with plaintiff's possessory rights
    • 2) slight or modest interference (damages)
  6. conversion
    • 1) interference with P's possessory rights
    • 2) complete dispossession or destruction (forced sale)
  7. trespass to land
    physical invasion of P's land
  8. nuisance
    • 1) substantial
    • 2) unreasonable
    • 3) interference with use and enjoyment of property
  9. business torts
    • 1) interference with contractual relationships
    • 2) interference with prospective advantage
  10. malicious prosecution
    • D wrongfully instituted civil proceedings against P.
    • 1) D filed civil proceeding against P
    • 2) termination favorable to P
    • 3) no PC [absence of reasonable facts, or D did not believe P was guilty]
    • 4) improper purpose [anything other than proper adjudication of the claim]
    • 5) damages
  11. abuse of process
    • imposes liability when D uses the legal process as a tool for extortion, rather than for what it was intended.
    • merits of the action are irrelevant
    • 1) wrongful use of the process
    • 2) for an ulterior purpose
    • 3) some definite act or threat against P to accomplish the ulterior purpose
  12. defamation
    • 1) defamatory statement
    • 2) of and concerning P
    • 3) publication
    • 4) damages (presumed or special damages)
  13. constitutional issues for defamation
    • 1) falsity
    • 2) fault
    • ---a) Status of Plaintiff - public figure or private?
    • ---b) status of subject matter - public or private concern?
    • ---c) standards of fault - malice or negligence
  14. invasion of privacy
    • 1) appropriation by defendant of plaintiff's name or picture for defendant's commerical advantage
    • 2) intrusion into P's privacy or seclusion
    • 3) false light - publication of facts putting P in a false light
    • 4) publication of private facts about P
  15. strict liability
    • 1) for dangerous and trespassing animals
    • 2) for abnormally dangerous activities
  16. What is abnormally dangerous activity?
    • 1) activity involves serious risk of harm
    • 2) activity cannot be made safe, regardless of due care
    • 3) activity is not common in the community
  17. products liability theories
    • 1. strict products liability
    • 2. negligence
    • 3. implied warranties
    • 4. express warranty/misrepresentation
  18. 3 defect types:
    • 1) manufacturing defect
    • 2) design defect
    • 3) inadequate warning (also a design defect)
  19. what is a design defect?
    • 1) product was not safe for its intended use, or
    • 2) product could have been made safe without seroius impact on its price or utility
  20. Strict products liability
    • 1) D is a merchant (every merchant in the chain is liable)
    • 2) product is defective (any of the 3 types)
    • 3) product has not been altered
    • 4) P is foreseeable user, making foreseeable use of the product
    • 5) causation and damages
  21. is comparative negligence a defense to SL torts?
    yes
  22. Implied warranty of merchantability or fitness for ordinary purpose
    • Goods need to be of average acceptable quality and
    • generally fit for ordinary purpose for which goods are used
  23. Implied warranty of fitness for a particular purpose
    • 1) When seller knows/has reason to know particular purpose for which goods are required and
    • 2) that buyer is relying on seller’s skill/judgment in selecting goods
  24. Express Warranty
    • Any affirmation of fact/promise concerning goods that becomes part of basis of bargain
    • Breach doesn’t require fault, just that product didn’t live up to warranty
    • Disclaimers only effective if consistent with warranty
  25. Misrepresentation of Fact
    • Seller liable for misrepresentation if:
    • 1) Stmt was of a material fact concerning quality or uses of goods (mere puffery insufficient)
    • 2) Seller intended to induce reliance by buyer in a particular transaction
  26. vicarious liability - respondeat superior?
    • 1) employer/employee relationship
    • 2) tort committed within the scope of relationship
  27. vicarious liability - indepenent contractor?
    • generally, principal is not liable except:
    • 1) inherently dangerous activity, or
    • 2) nondelegable duty

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