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Cloned from: Barbri MBE Torts

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3 Principle areas of Tort
Strict Liability
Assault, battery, false imprisonment, Intentional Infliction of Emotional Distress (IIED), defamation, conversion invasion of right to privacy
Strict Liability
Products Liability, Ultra-Hazardous Acts, wild animals
Res Ipsa Loquitor, per se, causation (cause/fact, proximate), trespass, nuisance
Apprehension of imminent battery
Harmful/Offensive touching w/o consent
  • harmful/offensive touching?
  • consent?
  • If so, did conduct exceed scope of consent?
False Imprisonment
  • act by Δ
  • intended to confine ∏ w/in fixed boundaries
  • ∏ must be: conscious OR harmed by it
Intentional Infliction of Emotional Distress (IIED)
  • Intent
  • extreme/outrageous conduct
  • causation
  • severe emotional distress
Trespass to Land
  • unlawful entry to land
  • in possession of another
Tresspass to Land: Defense of Necessity
  • Harm, creating
  • necessity to enter land
  • can still recover for damages to land
  • Serious interference
  • w/personal property interest
Damages for conversion
  • full value of chattel
Trespass to Chattel
  • Minor interfence
  • w/personal property interest
  • Δ's conduct measured against reasonable ordinary evidence
  • what defendant knew is irrelevant
Negligence: Duty to Aid (w/exceptions)
-No duty to aid stranger in peril
  • Δ places them in peril
  • Family Relations (mom to kid, H/W, W/H)
  • K'l duty (ex. lifeguard)
  • Start to save, must finish
Respondiat Superior
ER's responsible for EE's acts:
  • ER strictly liable for negligence of EE
  • ER NOT liable for intentional acts unless: ER authorizes conduct; physical violence inherent in nature of job (ex. security guard)
Duty to Warn: Trespassers/Licensees
  • no duty to warn, unless:
  • dangerous artificial condition
  • dangerous natural condition
  • ONLY IF: owner knows about it; creates an unreasonable risk of harm; licensee not likely to see
No duty to inspect; no duty to repair
Pure Contributory Negligence
  • 2 or more tortious actors
  • combine to cause injury to an individual
  • each tortfeasor liable for whole amount
Contributory Negligence
Pure CN (always apply unless Q says otherwise):
  • relative % of fault on ∏'s part
  • subtract from 100%
  • Δ can be liable for all
Modified CN:
  • ∏ can recover so long as less at fault than Δ (less than 49%)
-Intentional Conduct (reckless, wanton) will outweigh negligence
Product Liability (need more)
Negligence in design theory of recovery
Adequate Warnings Defense
Manufacturer knows that there is a common misuse for the product: need a significant/adequate warning
Strict Liability
Product is an unreasonable danger to consumer

Divisible Injury-manufacturer only liable for responsible injuries from product
Ultra-Hazardous Activity
Held to a higher standard if specific damage occurs (ex. dynamite exploding)
Knowing or Reckless disregard for the truth

Public defamation-malice

private person-negligence
Unauthorized Commercial Appropriation
  • Appropriation-use name/likeness to advantage w/o consent
  • False Libel
  • Public disclosure of private facts
  • Intrusion on seclusion/solitude
Private Nuisance
  • substantial and unreasonable interference
  • w/use and enjoyment of property
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