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Tort
civil wrong other than a breach of contract 4 types intent; recklessness; negligence; strict liability
Recklessness
Battery
consented harmful or offensive contact
Assault
attempted battery, treat must cause reasonable fear must be about to happen can have battery w/out assault
Apprehension
Imminent
Intentional Infliction of Emotional Distress (IIED)
allow recovery for emotional distress (no injury) must be outrageous and intentional reasonable person test
False Imprisonment
intentional confinement for an appreciable amount of time must be complete must be conscious (parents/teachers/security guards are not)
Confinement
anything that prevents someone from leaving (threats, misuse of authority, dangerous or unreasonable escape methods)
Appreciable
capable of being perceived or measured
Conditional privilege
privilege that can be taken away if abused
Absolute privilege
privilege that can never be lost (complete defense against defamation)
Defamation
a lie harms someone's rep concerning another person 2 types - slander and libel truth is a complete defense in a defamation case plaintiff's interest is rep dependent's interest is freedom of speech (unprivileged, publication, false and defamatory, concerning the plaintiff)
Libel
written defamation more serious/easier to prove
Slander
verbal defamation requires proof of actual harm
Slander per se
so bad that we can assume it hurt your reputation
Publication
no widespread communication necessary one or more person intra-corporate communication is enough publisher/distributor distributor has no control over whats said (not liable)
“Of and concerning”
statement must be about and bear upon the reputation of plaintiff hearers of the statement should be able to easily recognize its about the plaintiff
Special damages
no proof of special damages in slander per se
Presumed damages
Actual malice
Public Figure
easily recognizable
Public Official
Intrusion on Solitude or Seclusion
intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another or his private affairs or concerns -unauthorized intrusion or prying -offensive to or objectionable to a reasonable person -was private -caused anguish and suffering
Public Disclosure of Private Facts
publicity to a matter concerning the private life of another -highly offensive to a reasonable person -not of legitimate concern to the public -no requirement that the publicized information be false (unlike defamation)
False Light Publicity
intended to protect plaintiff's emotional well-beings (unlike defamation) -publication by the Defendant about the Plaintiff -actual malice -places plaintiff in false light -highly offensive
Attribute
Commercial Appropriation of Name or Likeness
Malicious Prosecution
wrongful initiation of criminal proceedings
Wrongful use of civil proceedings
Abuse of process
Deceit
Detriment
Trespass to land
Unauthorized
Unprivileged
Private nuisance
Substantial
Tangible/intangible
Conversion
Dominion
Acquisition
Negligence
Duty
Actual cause
Proximate cause
Ordinary prudence
Invitee
Licensee
Negligence per se
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