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Issue Checklist
Intentional Torts
Defamation/Invasion of Privacy
Negligence
Strict Liability
Products Liability
General Considerations
Intentional Torts

Personal
ASSAULT is a reasonable apprehension by P of an immediate harmful or offensive contact w/ her person.

BATTERY is a harmful or offensive contact w/ P's person.

FALSE IMPRISONMENT is an act confining P to a bounded area

INTENTIONAL infliction of emotional distress is outrageous conduct causing severe emotional distress
Intentional Torts

Property
TRESPASS to CHATTELS is the interference w/ P's possessory right or intermeddling (damages)

CONVERSION is an interference w/ a chattel so severe that a forced sale is justified

TRESPASS to LAND is a physical invasion of P's land

NUISANCE is a substantial and unreasonable interference w/ use and enjoyment of property. Public or private nuisance.
Defamation
Defamatory statement
Of and concerning P
Publication
Damages
Defenses (absolute or qualified privilege)
Constitutional issues: falsity and fault

Damages presumed if LIBEL or slander PER SE (profession, loathsome disease, moral turpitude, unchaste woman)
Invasion of Privacy
Misappropriation (commercial)
Intrusion
False light
Publication of Private Facts
Negligence
Duty (foreseeable P, standard of care)
Breach of duty
Actual cause
Proximate cause
Damages

Defenses: contributory negligence, assumption of risk, comparative negligence
Strict Liability
Animals
Inherently dangerous activities
Products Liability
Strict Products Liability (defective product)
Negligence (standard of care)
Express Warranties
Implied Warranties
Defenses
General Considerations
Vicarious Liability
Joint Liability
Wrongful Death
Immunities
Consent
Capacity
Express
Implied by custom
Scope
Defensive Privileges
SELF defense: reasonable belief that tort is being or about to be committed on D

Defense of OTHERS: tort is in fact being committed or about to be committed on 3rd person

Defense of PROPERTY: reasonable belief that tort is being or about to be committed on property

Shopkeeper's privilege: reasonable belief that P shoplifted and detained for a reasonable time
Necessity
Public necessity is an absolute defense if for the public good.

Private necessity is a privilege for D, but still must pay actual damages
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