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- 1) Publication of facts placing plaintiff if a false light in the public eye, AND
- 2) the 'false light' is highly offensive to a reasonable person under the crcmst
is req'd if the matter is in the public interest
Intrusion on Seclusion
- 1) Act of intruding into seculsion,
- 2) The intrusion would be highly offensive to a reasonable person, AND
- 3) The object of intrusion is private
Unauthorized use of one's pictures or name for commercial advantage
Public Disclosure of Private Facts
- 1) Public disclosure of private info, AND
- 2) The matter disclosed is highly offensive to a reasonable person
- 1) An act or omission that confines or restrains plaintiff to a bounded area,
- 2) Intent,
- 3) Causation
- Except: Shopkeepers privilege to detain for investigation if:
- 1) There is a reasonable belief of theft,
- 2) Detention is conducted in a reasonable manner, AND
- 3) For a reasonable period of time
Intentional Infliction of Emotional Distress
- 1) Extreme and outrageous conduct,
- 2) Intent or recklessness,
- 3) Causation, AND
- 4) Damages, ie severe emotional distress; phsysical manifestation not required
Bystanders' Claims for Intentional Infliction of Emotional Distress
- 1) The bystander was present when injury occurred,
- 2) The bystander was a close relative of the injured person, AND
- 3) Defendant knew that the bystander was present and a close relative.
Defenses to Intentional Torts
- 1) Consent
- 2) Defense (self, others, property)
- 3) Reentry onto Land/Recapture of Chattels
- 4) Privilege of Arrest
- 5) Necessity (only for property torts)
- 6) Discipline
- Defendant is not liable for tortious act if plaintif consent
- 1) Express
- 2) Implied - shown from custom
- 3) Implied by Law
- Consent if invalid if:
- 1) Obtained from Mistake, Fraud, or Duress
- 2) Consent for criminal acts, UNLESS law seeks to protect members of victim's class
- 1) Defamatory Statement;
- 2) Referring to plaintiff;
- 3) Publication;
- And, in cases of Slander (but not for libel or slander per se):
- 4) Damages;
- And, if statement deals with 'public concern':
- 5) Falisity of statement;
- 6) Intent or Recklessness for public figures, and Negligence for private figures
Slander Per Se
- For defamation claims, damages needn't be proven if it is slander relating to:
- 1) Business or Profession,
- 2) Crime of Moral Turpitude,
- 3) Unchasitity of a Woman, OR
- 4) Loathsome disease (Leprosy or Venereal Disease)
Torts with Transferable Intent
- 1) Assault
- 2) Battery
- 3) False Imprisonment
- 4) Trespass to Land
- 5) Trespass to Chattels
Absolute Privileges for Defamation
- 1) Spouses
- 2) Gov't Officials of Judiciary, Legislature, and Executive
- 3) Media broadcasts and reports of public proceedings
Standard of Care for Children
Standard of Care of a child with similar age, experience, and intelligence acting under similar circumstances.
Standard of Care for Professionals
- Standard of Care of a member in good standing of that profession who practices in a similar community
- EXCEPT: Specialists are held to a national standard
Duty of Care owed to Trespassers
- If undiscovered and unanticipated: No Duty
- If discovered or anticipated: Duty to warn if condition is:
- 1) Artificial
- 2) Highly dangerous
- 3) Hidden, AND
- 4) Known to possessor
Duty of Care owed to Licensee
- Duty to warn if condition is:
- 1) Artificial or natural
- 2) Hidden, AND
- 3) Known to possessor
Duty of Care owed to Invitees
- Duty to warn and make reasonable repairs if condition is:
- 1) Artificial or natural,
- 2) Hidden, AND
- 3) Discoverable upon reasonable inspection
Statutory Standard of Care
- Standard of Care is set by statute if:
- 1) Plaintiff is a member of class that statute protects, AND
- 2) Injury is in the class of risk that statue tries to prevent.
- EXCEPT, If under the circumstances:
- 1) Obeying statute is more dangerous than violating, OR
- 2) Compliance is impossible.
To be a claimant for Negligent Infliction of Emotional Distress...
- Plaintiff must be...
- ...'Near Miss' victim who is:
- 1) In the 'zone of danger' AND
- 2) Suffered physical manifestation from distress;
- ...Bystander who is:
- 1) Present at when injury occurred, AND
- 2) A close relative;
- ...Or, In a special relationship with Defendant:
- 1) Mishandling corpse;
- 2) Death notices
- If bailment benefits bailer, bailee is liable only for gross negligence and bailor owes notice of reasonably knowable defects.
- If bailment benefits bailee, bailee is liable even for slight negligence and bailor owes notice of known dangerous defects.
- If for mutual benefit, bailee owes ordinary care.
Wrongful Institution of Legal Proceedings
- Malicious Prosecution req's:
- 1) Institution of criminal proceedings against Plaintiff,
- 2) Termination in favor of Plaintiff,
- 3) No probable cause for prosecution,
- 4) Improper purpose of Defendant, AND
- 5) Damages
- Wrongful Civil Proceedings req's same as malicious prosecution, except for civil cases.
- Abuse of Process req's:
- 1) Wrongful use of process for ulterior motive, AND
- 2) Definite act or threat to accomplish ulterior motive.
Interference with Business Relations
- 1) Valid contractual relationship or valid business expectancy of Plaintiff,
- 2) Defendant's knowledge of the relationship or expectancy, AND
- 3) Intentional interference that induces breach or termination,
- 4) Damage
- Intentional Misrepresentation req's:
- 1) Misrepresentation by Defendant,
- 2) Scienter (Knowledge or reckless disregard to falsity),
- 3) Intent to induce reliance on misrepresentation,
- 4) Causation (actual reliance)
- 5) Justifiable reliance, AND
- 6) Damages
- Negligent Misrepresentation req's same as intentional, except no scienter and no intent, instead, breach of duty.
- Andrew's Theory: anyone
- Cardozo's Theory: anyone in a foreseeable 'zone of danger'
Res Ipsa Loquitor
- When Plaintiff cannot identify the wrongful conduct, RIL will establish prima facie case.
- 1) Accident is the type that would not normally occur unless someone was negligent, AND
- 2) Defendant had exclusive control of the instrumentality of accident.
Strict Product Liability
- 1) Defendant is a merchant,
- 2) Product is defective,
- 3) Product has been unaltered since leaving Defendant's hands, AND
- 4) Injury in from foreseeable uses of the product.
Assumption of Risk
- Plaintiff may be denied revocery if he:
- 1) Knew of the risk, AND
- 2) Voluntarily assumed it.
- Passive party is liable for tort of active party if there is a relationship:
- 1) Employer-Employee
- 2) Independent Contractor-Hirer, but only in cases of Inherently Dangerous Activity or Landpossessor-Entrant
- 3) Partnerships or Joint Ventures
- Tortfeasor recoops entire loss from co-tortfeasor, in cases of:
- 1) Vicarious liability,
- 2) Strict products liability, OR
- 3) By contract.
Abuse of Process
- 1) Wrongful use of process for an ulterior purpose, AND
- 2) Definite act or threat to accomplish ulterior purpose.
Duty to Act Affirmatively
- Generally, there is no duty to act affirmatively.
- Except when:
- 1) There is a preexisting relationship, OR
- 2) Defendant caused the peril.
Duty of Care owed to Child Trespassers
- Reasonable prudence with regard to any artificial condition on the land.
- If there is an Attractive Nuisance, then there is a higher standard of care.
- something on land that attracts children
Abnormally Dangerous Activity
- Abnormally Dangerous Activities are those that:
- 1) create a foreseeable risk of serious harm even when reasonable care is exercised, AND
- 2) the activity is not of common usage in the community.
Implied Warranties for Products
- In every sale of good, there includes the implied warranties of:
- 1) Merchantability - average acceptable quality and fit for ordinary purposes
- 2) Fitness for a Particular Purpose - when Seller has reason to know Buyer's particular purpose and Buyer relies on Seller
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