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Intentional torts to the person
1. Battery
2. Assault
3. False Imprisonmnet
4. Intentional infliction of emotional distress
Battery--Elements
1. Harmful or offensive contact
2. to P''s person
3. intent
4. causation
Assault-Elements
1. act by defnedant creating a reasonable apprehension in P OF
2. immediate harmful or offensive contact
2. intent
3.causation
False imprisonment--elements
1. An act or omission on the part of defendant that confines or restrains P.
2. to a bounded area
3. Intent
4. Causation
Intentional infliction of emotional distress--Elements
1. Act by defendant amounting to  extreme and outrageous conduct.
2. intent or recklessness
3. causation
4. damages= severe emotional distress.

** only intentional tort that requires damages
Extreme and outrageous conduct--defined
Conduct that transcends all bounds of decency.

** May become outrageous if
1. continuous in nature
2. special class of P (young,old preg)
3. special D (inkeeper, bus driver)
Tort to bystander
If D intentionally causes physical harm to 3rd p and the P suffers severe emotional distress, the P my recover by showing EITHER
1. Elements of emotional distress OR
1P was present when inury occurred
2. P is a close relative of the 3rd p and
3. D knew facts 1 & 2.
Intentional torts to property--List them
1. Trespass to land
2. Trespass to Chattels
3. Conversion
TP to Land--Elements
1. Phsical invasion of P''s real prop
2. Intent
3. Causation
TP to Chattels
1. An act byD that interfers with P''s right of possession in the Chattel.
2. Intent
3. Causation
4. Damages
Conversion
1. An act by D that interferes with  P''s right to possession in a chattel
2. the interference is so serious that it warrants requiring D to pay the Chattel''s full value.
3. Intent
4. Causation
Defense to intentional torts
1. Consent
2. Defense (self, others, prop)
3. Privilege of arrest
4. Necessity
   * Public--act for public good
   * Private--soley to benefit a person or prop.
5. Discipline
Harm to economic and dignitary interests--List types
1. Defamation
2. Invasion of right of privacy
    * appropriation of P''s picture or name
    * Intrusion upon the P''s affairs or seclusion
    *Placing P in false light
    *Public disclosures of  private facts about P.
 3. Misrepresentation
4. wrongful institution of legal proceedings
5. Interference with business relations
Defamation elements
1. defamatory language
2.of or concerning the P
3. publication to a 3rd party
4. damage to P''s reputation
5. falsity of the defamation
6. fault by the D
Types of Defamation
1. Libel-Written/printed publication  of defamatory language (No need to prove spccial damages and general damages are presumed)

2. Slander--Spoken defamation (must prove special damages UNLESS it falls w/i a slander per se category:
    a. Adverse reflection in business or propession
    b. Loathsome disease
    c. crime of moral turpitude
    d. Unchaste woman
Type of fault on Defendant''s part
(Public figure or private person)
Type of fault depends on P''s status:

1. Public figure or official must prove malice--new york times v sullivan-Public figure= achieving  pervaisve fame or notoriety or by  voluntarily  assuming a central role in a particular public controversy.

2. Private person--Where person is a private P, only negligence regarding falsity must be proved if the statement involves a matter of public concern.
Malice defined
1. Knowledge that a stmt is false OR

2. Reckless disregard as to whether it was false.
Defenses to Defamation
1. Consent

2. Truth

3. Absolute Privilege (can never be lost)
    
Qualified Privilege--(lost through abuse)
     
Absolute Priv--defined
Absolute Privilege (can never be lost)--
     a. remarks made during judicial proceeding
     b. by legislators in debate
     c. federal executives (compelled broadcasts)
     d. spouses

Qualified Priv--Defined
Qualified Privilege--(lost through abuse)
      a. reports in official proceedings
      b. Stmet in interest of publisher
      c. defense of reputation
Invasion of Right of Privacy--4 branches
1. Appropriation of P''s picture or name

2. Intrusion on P''s  affairs or seclusion.

3. Placing P in false light

4. Public disclosure of private facts

Appropriation of P''s picture or name--Defined
Unauthorized use of P''s  picture or name or D''s commercial advantage.
Intrusion into P''s affairs or seclusion--Defined
Prying or intruding that would be objectionable to a reasonable person.
Placing P in false light--Defined
Where one attributes to P views he does not hold or actions he did not take...must be objectionable to reasonable person.
Public disclosure of private facts about P--Defined
Public diisclosure of private information about P which would be objectionable
Misrepresentation--Defined

1. Intentional

2. Negligent
1.
  a. Misrepresentation of material fact
  b. Scienter
  c. Intent
  d. Causation
  e. Justifiable reliance
  f. Damages

2.
  a. Misrepresentation ina business or professional capacity
  b. Breach
  c. Causation
  d. justifiable reliance
  e. Damages
Wrongful Institution of Legal Proceedings--List the two different kinds
1. Malicious prosecution

2. Abuse of process
Malicious prosecution--elements
1. institution of  criminal proceedings against P.

2. termination in P''s favor

3. Absence of PC

4. Improper purpose

5. Damages
Abuse of process--elements
1. Wrongful use of process for ulterior purpose

2. definite act or threat against P to accomplish purpose.
Interferience w/ business relations--Elements
1. Valid K or expectancy b/t P and 3rd party

2. D has knowledge of relationship

3. intentional interference by D

4. damages
Negligence--Elements
1. DUTY on the part of the D to conform to a specific standard of conduct for protection P against unreasonable risk o injury

2. BREACH by D

3. CAUSATION (both actual and proximate)

4. Damage
1. Actual Causation--"But for" test

2. Proximate Causation--Foreseeability test
1. But for D''s negligence, P''s injury would not have occured.

2. It is foreseeable that D''s negligence would result in inury to P.
Duty of Possessor of land to those on premises

1. Undiscovered Trespasser

2. Discovered/Anticipated Trespasser

3. Child

4. Licensee

5. Invitee
1. No duty

2. Duty to warn or make safe known conditions IF non-obvious highly dangerous.

3. Duty to warn or make sfae if foreseeable risk to child outweighs expense of eliminating danger (just artifical unless a licensee/invitee)

4. A landowner has a duty to warn a licensee of known dangerous conditions, and must exercise reasonable care in conducting activities on the land

5. A landowner owes the greatest duty of care to invitees: he is under the same obligations owed to licensees (duty to warn and to use reasonable care), but also must conduct reasonable inspections of his property and make the property safe for the protection of invitees.
Licensee defined
One who enters the land of another with possessor''s permission for her own purpose or business (social guest)
Invitee defined
One who enters the land of another in response to an invitation by the land owner. (Restaurant, hotel, park--open to public)
Attractive Nuisance Doctrine--Duty & Elements
Duty to exercise ordinary care to avoid reasonably forseeable risk of harm to children caused by artifical conditions.

Elements:
1. Dangerous condition on land that owner should be aware of.

2. owner knows or should know children frequent vicinity of condition

3. condition likely to cause injury

4. expense to remedy is lsiht compared with magitude of risk.
Res Ipsa Loquitur--Elements
Sometimes the very occurance of event may tend to establish a breachof duty.

1. Accident causing injury would not normally occur without negligence.

2. negligence is attributable to D
Liability for Indirect Causes of Injury

1. Forseeable results caused by  foreseeable intervening forces.

2. Foreseeable results caused by unforeseeable  intervening forces

3. Unforeseeable results caused by foreseeable  intervening forces

4. unforeseeable results caused by unforeseeable intervening forces.
1. D Liable

2. D Liable where neg. increased risk of unforeseeable harm

3. D not liable

4. D not liable (superseding force--one that breaks the causal connection between D''s initial  negligence and P''s injury--relieves D of liability.)
Liability Without Fault (Strict Liability)--Elements
1. An absolute duty on part of D to make safe.

2. breach

3. Causation (Actual & Proximate)

4. Damages--P''s person or prop.
Liability Without Fault (Strict Liability)--

Liability for Animals:

1. Trespassing animals

2. Personal injury--wild animal

3. Personal injury-domestic animal

4. Personal injury-Trespassers
1. Strictl liability for all foreseeable damage

2. Strict liability to licensee and invitee (so long as P did nothing to bring about injury)

3. No strict liability unless owner has knowledge of animal''s dangerous propensity.

4. Generally no liabilty unless intentional tort from vicious watchdogs.
Liability Without Fault (Strict Liability)--

Ultra hazardous  or abnormally dangerous activities--

3 requirements
1. Activity involves risk of serious harm to persons or property

2. actuvity cannot be performed w/o risk of serious harm regardless of amount of care taken.

3. activity not commonly engaged in (blasing, making explosives)
Products Liability

5 theories of liability
1. Intent

2. Neglience

3. Strict Liability

4. Implied warranties of merchanability and fitness for a particular purpose

5. Representation theories (express warranties and misrepresentation)
Common elements to ANY PL theory:
1. A defect

2. Defect existed when product left D''s control
Types of Defects:

1. Manufacturing

2. Design

3. Inadequate warnings

1. Manufacturing-Product emerges from manufacturing  different and  more dangerous than products made properly.

2. Design-All products are the same but have dangerous propensities.

3. Inadequate warnings--Manufacture fails to give adequate warning to  as to the risks involved in using product--danger must not be apparent.
Liaiblity based on Intent

1. Who can sue?

2. Damages

3. Defenses
1. Privity not required--any injured P

2. Compensatory AND punitive

3. Any available in other intentional tort cases.
Liabilty based on Negligence

Elements
1. Duty--to users, consumers AND bystanders
    * Liabilty attaches to manufactures, wholesalers and retailers.

2. Breach

3. Causation

4. Damages--P''s person/prop
Liability based on Strict Tort Liability

Elements
1. Strict duty owed by commercial supplier of product

2. breach

3. Causation (Actual & Proximate)

4. Damage
Implied Warranties of Merchantability and Fitness--Defined

1. Marchantability

2. Fitness for a particular purpose
1. Refers to whether goods are of average acceptable quality and are generally fit for the ordinary  purpose for which the goods are used

2. Arises when the seller knows or has reason to know the particular purpose for which the goods are required and that the buyer is relying on the seller''s skill and judgment in selecting the goods.

**Disclaimers are generally rejected
Representation theories-Defined

1. Express Warranty

2. Misrepresentation of Fact

1. Any affirmation of fact or promise concerning goods that becomes part of the basis of the bargain creates an express warranty

2. Seller will be liable for misrepresentation where:

    a. Stmt was of material fact concerning quality or uses of goods (mere puffery insufficient)

    b. Seller intended to induce reliance by the buyer in a particular transaction
Nusiance:

1. Defined

2. Private

3. Public

4. Remedies
1. Not a separate tort but rather a type of harm--invasion of property or public rights.

2. Substantial, unreasonable interference with another private individual''s  use or enjoyment of property.

3. An act that unreasonably interferes with the health, safety,or property rights of the community--using a public building for criminal activities/prostitution

4. Damages, injunctive relief, abatement by self-help
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