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Torts
Torts
Battery
1) Harmful or offenseive contact; 2) To plaintiff\'s person; 3) Intent; and (4) Causation.
Assault
1) An act by defendant creating a resonable apprehension in plaintiff; 2) Of immediate harmful or offensive contact to plaintiff\'s person; 3) Intent; and 4) Causation.
False Imprisonment-prima facie
1) act that confines or restrains plantiff 2) to a bounded area 3) intent 4) causation
Intentional Infliction of Emotional distress
1) an act amounting to extreme & dangerous conduct 2) intent or recklessness 3) causation 4) damages-severe emotional distress
Trepass to Land
1) physical invasion 2) intent 3) causation
Trepass to Chattels
1) act that interferes w plantiff\'s right of possession in a chattel 2) intent 3) causation 4) damages
Conversion
1) act that interferes w plantiff\'s right of possession 2) iterference so serious it warrants requiring defendant to pay the chattel\'s full value 3) intent 4) causation
Defamation
1) defamatory language 2) \"of or concerning\" the plantiff 3) publication thereof by defendant to a third person 4) damage to plantiff\'s reputation
Misrepresentation (fraud, deceit)
1) misrepresentation 2) scienter 9when statement made..believed or knew it false 3) intent 4) causation 5) justifiable reliance 6) damages, plantiff must suffer actual pecuniary loss
Negligent Misreprensentation
1) misreprensentation, in business or professional capacity 2) breach of duty 3) causation 4) justifiable reliance 5)damages
Malicious Prosecution
1) institution of criminal proceedings against 2) termination in plantiff\'s favor 3) absense of probable cause for prior proceedings 4) improper purpose 5) damages
Abuse of Process
1) wrongful use of process for ulterior purpose 2) definite act or threat against plantiff to accomplish ulterior motive
Interference w Business Relations-Prima Facie
1) exsistence of valid contractual relationship of plantiff and 3rd party or valid business expectancy 2) defendants knowledge of the relationship or expectancy 3) intentional interference by defendant inducing breach or termination of relationship/expectancy 4) damages
Negligence-prima facie
1) a duty 2) a breach 3) breach is actual and proximate cause of injury 4) damage
Contributory Negligence
1) negligence on part of plantiff that contributes to her injuries 2) as defense to defendants violation of a statute 3) no defense to intentional torts 4) effect of contributory negligence 5) last clear chance -- an exception
Assumption of Risk
1) plantiff may be denied recovery if she assumed the risk of any damage caused by defendant\'s act 1) known of the risk 2) voluntarily pproceeded in the face of risk
Comparative Negligence
in some states, plantiff\'s contributing negligence is not complete bar to recovery 1) fact is weighed to plantiff\'s negligence and damages reduced by a comp amt
Partial Comparative Negligence
1) bars plantiff\'s recovery if negligence was more serious than defendants 2) some states-at least as serious as defendants
Pure Comparative Negligence
allows recovery no matter how great plantiff\'s negligence
Strict Liability (without fault)
1) existence of absolute duty to make safe 2) breach of that duty 3) breach was actual or proximate cause of injury 4) damage to person or property
Abnormally Dangerous Activity
Two requirments 1) must create a foreseeable risk of serious harm even when reasonable care is excercised by all 2) activity is not a matter of common usuage in community
Products Liability
refers to liability of supplier of a defective product
Five Theories of Liability
1) intent 2) negligence 3) strict liability 4) implied warranties of merchantability and fitness for a particular purpose 5) representation theories-express warranty & misreprensentation
Common Elements of product Liability Theory
1) a defect 2) existence of defect when product left defendant\'s control
Liability based on Negligence
1) duty 2) breach 3) actual & proximate cause 4) damages
Liability based on Strict Tort Liability
1) strict duty owed by a commercial supplier of a product 2) breach of that duty 3) actual & proximate cause 4) damage
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