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Intentional Torts:What to Discuss and Types of Crimes
Discuss whether the intent is specific (goal to bring about specific consequences) or general (actor knows with substantial certainty these consequences will result).
Types of Crimes:
  • Assault
  • Battery
  • False Imprisonment
  • Intentional Infliction of Emotional Distress
Intentional Torts: Assault
1) Affirmative act by defeendant 2) Done with intent to place plaintiff in apprehension 3) of an imminent harmful or offensive contact to his person; AND 4) that actually causes the plaintiff apprehension   Under doctrine of "transferred intent", the intent to inflict battery satisfies the intent requirement of assault
Intentional Torts: Battery
1) an act by Defendant that brings about harmful or offensive contact to the plaintiff's person 2) intent to bring about the harmful or offensive contact; and 3) causation
Defendant also liable when he sets in motion a force that brings about harmful or offensive contact.
Transferred intent applies.
Intentional Torts: False Imprisonment
1) An act or omission by defendant that confines or restrains plaintiff to a bounded area 2) intent to confine or restrain 3) causation
Intentional Torts: Intentional Infliction of Emotional Distress
FL requires 1) act by Defendant amounting to extreme and outrageous conduct 2) Intent to cause sever emotional distress or recklessness as to effect of Defendant's conduct 3) Causation; AND 4) damages (i.e. sever emotional distress)
Intentional Torts: Defenses
Self-Defense -
A person is justified in teh use of force against another when and to the extent he reasonably believes necessary to defend himself or a 3rd party against hte other's imminent use of unlawful force.
Any person who isn't engaged in an unlawful activity and who is in any place he has a right to be has NO DUTY TO RETREAT and ahs the right to use force, including deadly force if he reasonably believes it necessary to present death or great bodily harm to himself or another or to prevent the commission of a forceable felony.

Consent -
Express or implied.  It can be inferred as a matter of usage or custom or implied by law (i.e. emergency situations where there is no opportunity to obtain plaintiff's consent)
Requirements in FL are:
  • False statement of fact
  • defamatory effect from the statement
  • Identifies Plaintiff as sbuejct
  • published to 3rd person
  • compensable damages to plaintiff
  • fault by defendant

  • Truth
  • Consent
  • Priileges (absolute and qualified)
2 Types: Intentional and Negligent Misreprestation
Intentional: Plaintiff must estalbish
1) misrepresentaiton of material fact
2) scienter
3) intent to induce the plaintiff's reliance on the misrepresentation
4) cuasation
5) justifiable reliance
6) damages
Tortious Interference with Business Relationship
Requires 1) valid contractual relationship or business expectancy between plaintiff and 3rd party
2) Defendant had knowledge of relationship
3) intereference induced breach of termination of relationship or expectancy AND
4) breach resulted in loss to Plaintiff
NOTE: damages can't be recovered where "relationship" is based on speculation regarding future sales to past customers.
Negligence: Elements
Negligence: Duty: General Rule
A duty is owed to all foreseeable plaintiffs. Must determine if Plaintiff was foreseeable and what standard of care is owed.
Negligence: Duty: Statutory
was statute intended to protecte TYPE of harm Plaintiff suffered and is Plaintiff in CLASS protected.  If so, it is negligence per se.
Negligence: Duty: Business Invitees
Florida statute enacted 7/1/2010 provides that if Plaitniff slips and falls on a transitory foreign substance at a business, the Plaintiff must prove the business had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it.
Constructive knowledge can be shown by evidence that:
1) dangerous condition existed for such a period of time that the business should have known; OR
2) the condition occurred with regularity and was therefore foreseeable.
Negligence: Duty: Undiscovered Trespasser
Someone who enters property without invitation whose presence is not detected within 24 hours proceeding accident.
NO DUTY TO WARN, but landowner must refrain from intentional misconduct that proximately causes injury.
Negligence Duty: Discovered Trespasser
Person who enteres property without invitation but whose presence was detected within 24 hours of accident.
DUTY TO WARN of NON-OBVIOUS dangerous conditions.
Negligence: Duty: Uninvited Licensee
One who comes onto premises solely for their own convenience without invitation. SAME DUTY AS DISCOVERED TRESPASSERS
Negligence: Duty: Licensees by Invitation
Social guests and other persons who are on teh property through express or implied invitation of the owner.
Treated as INVITEES.  They are owed a DUTY OF REASONABLE CARE Under the circumstances.
Duty to make reasonable inspections to discover non-obvious dangerous conditions and make them safe.
Police and Firefighters are treated as Invitees.
Negligence: Breach
Where a defendant's conduct falls short fo the duty required by the applicable standard of care.
Negligence: Causation
In order for Plaintiff to prove causation, the Plaintiff must prove that Defendant's conduct was the cause in Fact (actual Cause) and the proximate (legal) cause of the Plaintiff's injuries.
Actual Cause = But For test Proximate Cause = foreseeability Test
  • Intervenign Forces - come into motion after the time of defendant's negligent act and comes with it to cause the injury to the plaintiff.  If the Defendant's negligence created a foreseeable risk that an intervening force woudl contribute to Plaintiff's harm, the defendant is liable for the harm caused.
Negligence: Damages: Types
Look at personal injury, economic, non, economic, property, and punitive.
Negligence: Damages: Economic
Past, present, and future medical expenses and lost wages
Negligence: Damages: Non-Economic
pain and suffering, negligent infliction of emotional distress, loss of consortium
Negligence: Damages: Punitive Damages
In FL, Defendant may be held liable for punitive damages only if trier of fact based on CLEAR AND CONVINCING evidence, finds that the defendant was personally guilty of intentional misconduct or gross negligence.
If employer, principal, corproation, or other legal entity, punitive damages may be imposed for conduct of employee/agent if that conduct constituted intentional misconduct or gross negligence and the empmloyer or principal:
  • actively or knowingly participated in such conduct
  • knowingly condoned, ratified, or consented to such conduct
  • engaged in conduct that constituted gross negligence and contributed to the loss, damages, or injureis suffeerd by the Plaintiff

Can't plead unless evidence in record demonstrates.

Punitive damages can't exceed greater of (1) 3 times the amoutn of compensatory damages or (2) $500k

No cap on punitive damages for any defendant, who at the time of the act or omission, was under the influence of alcohol or drug that impaired his normal faculties.
Negligence: Defenses
Contributory Negligence Assumption of Risk Pure Comparitive Nelgigence
Negligence: Defenses: Contributory Negligence
negligence on teh part of the Plaintiff that contributes to her injureis
Negligence: Defenses: Assumption of Risk
Plaintiff may be denied recovery if he expressly assumed the risk of any damage caused by the defendnats act.
Plaintiff must have (1) known of the risk; AND (2) voluntarily proceeded int eh face of the risk.
NOTE: FL abolished implied assumption of the risk.
Negligence: Defenses: Pure Comparitive Negligence
FL has adopted teh doctrine of pure comparitive negligence.  Any party may have a claim for damages unless he was 100% at fault.  Assuming that all Defendant's are liable, the extent of their liabiltiy will depend upon the amount of the damage award and their respective degree of fault.  The damages award will be reduced byth Plaintiff's share of faul.
FL has abolished JOINT AND SEVERAL LIABILITY among tortfeasors.  EXCEPTION:
In Florida, a Plaintiff MAY NOT recover any damages if at the time of injury Plaintiff was (1) legally drunk (blood alcohol > .08) AND (2) as a result, Plaintiff was more than 50% at fault.
Strict Liability
1) D owes an ABSOLUTE DUTY to P to make the activity or condition safe
2) Breach of Duty
3) actual and proximate cause
4) damages
Strict Liability: Dangerous Animals
In FL, owner is strictly liable for injures caused by dog even if dog ner bit anyone before
Strict Liability: Inherently Dangerous Activities Elements
1) involves risk of serious harm to person or property
2) can't be performed without risk of seriouharm no matter how much care is taken
3) activity isn't commonly engaged in teh particular community
Strict Liability: Failure to Warn of Known Danagerous Condition
Elements: 1) D created dangerous condition
2) condition wasn't readily apparent
3) D had knowledge of the dangerous condition
4) D failed to take steps to arn public of danger or avert the danger
Strict Liability: Product Liability
5 Theories of Product Liability: 1) Intent 2) Negligence 3) strict liability 4) Implied warranties of Merchantability and Fitness for a Particular Purpose 5) Representation Theories (express warranties and misrepresentation)    
  • Strict liability requires proof of duty, breach, causation (actual and proximate) and damages.  The duty is owed by ANY COMMERCIAL SUPPLIER
  • Breach requires that produce was sold in a defective condition unreasonably dangerous to users
  • If design defect, the prevailing feasible alternative test provides that hte product is defective if the Defendant could have removed the danger without serious adverse impact on the product's UTILITY or PRICE
Attractive Nuisance
 1) Dangerous condition
2) Landowner knows that children frequent the area,
3) Child is unable to appreciate the risk or danger,
4) Expense of remedy is slight as compared to the risk.
5) FL requires that the plaintiff be lured onto the premises by the dangerous condition.
Res Ipsa Loquitor
1) The accident would not have occurred w/o negligence
2) Defendant has control of the instrumentality causing negligence and
3) Injury was not plaintiff’s fault.
Good Samaritan Law
There is no duty to render d unless a special relationship exists.  However, if you do render aid, in FL you are liable for Ordinary Negligence
Medical Malpractic
Need willful misconduct or extreme recklessness, not mere negligence.
Wrongful Death
May be brought by personal representative of decedent.
Recoverable damages include the traditional damages in a tort action (ie Lost Wages, loss of consortium, etc.)
Surviving spouse and minor children may recover for loss of decedent's companionship and protection and mental pain and suffering from the date of the injury.
Vicarious Liability
Under the doctrine of respondeat superior an employer is liable for an employee's torst committed within the scope of employment.  An employer can be liable for employer's own negligence or nder respondeat superior.
Employer's Negligence: to find liabilty for negligent hiring, supervision or retention, Plaintiff must show (1) employer owed duty to plaintiff (2) breach of duty (3) ctual and proximate cause (4)damages
Presumptions:  An employer is presumed NOT to have been negligent in hiring if the employer conducted a background investign before hirigin and it didn't reveal anything quitonsable.  However, a decision by an employer not to conduct a background investigation does not raise a presumption that the employer did not use reasonable care in hiring.
Permissive Use Rule
FL adopted this rule, which provides tan auto owner who consents to the use of his car is vicariously liable for driver's negligence.
Government/Sovereign Immunity
FL has waived immunity for governmental ministerial activities, but not for discretionary activities.  
The government will be liable forts employees under respondeat superior.  However, damages are CAPPED AT 100k.
Planning v. Operation Test - Government immune from suit for Planning decision.  It is subject to suit for operational.
Parent-Child Immunity
FL has eliminated parent-child immunity in the following cases:
1) Negligence of the parent but only to theextent of insurance coverage
2) Intentional sexual abuse perpetrated by a parent against a minor child.
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