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Torts (Negligence (Duty (Bystander (Located near scene of accident,…

- - - - Exceptions
        
        innkeepers
        
        common carriers
        
        special relationships
    - - Exceptions
        
        Parents
        
        Employer/employee relationship during employment
        
        Employers hiring employees
    - - Plaintiff must be in danger zone
        
        Suffered a physical manifestation
        
        Exceptions to zone of danger and physical manifestation
        
        Negligent death notice
        
        mishandling of corpse
    - - Located near scene of accident
      - Suffered severe emotional distress
      - Had close personal relationship with victim
    - - Invitee - duty to prevent injuries and discover dangerous conditions
      - Licensee - duty to exercise reasonable care and to warn of dangerous conditions
      - Trespassers
        
        Unknown - no duty of care
        
        Known trespassers - jurisdictions take different approaches
        
        Children - heightened standard of care as to artificial conditions
    - - Conduct measured against a reasonable prudent person
      - Professionals held to higher standards
      - Children - Age dependent (<6 - incapable of negligence, 7 - 13 - rebutable presumption of no negligence, 14+ - rebutable presumption of capability for negligence)
- - - - Intentional entry is all that is required
      - Mistake is not a defense
      - Plaintiff must be in actual possession or have the right to immediate possession of that land (not ownership)
      - Satisfied if plaintiff causes third person to enter onto plaintiff's land or remains upon plaintiff's land when under a legal duty to leave
      - Plaintiff's land includes the area both above and below the surface
      - Liable for nominal damages and actual harm
    - - Chattel means tangible property or intangible property that has a physical representation
      - Mistake is not a defense
      - Interference includes dispossession or intermeddling
      - More serious interference may amount to conversion
    - - Interference is more serious than trespass to chattel includes
        
        A greater use of the chattel
        
        A longer period of interference
      - Mistake not a defense
      - Plaintiff entitled to fair market value at the time of conversion plus consequential damages, or replevin
      - Defendant's offer to return the chattel does not alleviate conversion
  - - - Plaintiff experiences a reasonable apprehension of an immediate harmful or offensive contact
        
        Apparent ability is all that is required
        
        Harmful or offensive contact exists if a reasonable person would regard it as offensive
        
        Words Alone not enough
        
        Actual damages not required
    - - Harmful or offensive contact with the victim or something closely connected with the victim
        
        Reasonable Person Standard
        
        Includes anything connected to the victim's person
        
        Direct touching not required
        
        Includes setting in motion a force that brings about the harmful or offensive contact
        
        Apprehension is not required
        
        Lack of consent
    - - Intentional act that causes a plaintiff to be confined or restrained to a bounded area against plaintiff's will and the plaintiff knows of the confinement or is injured
        
        Confined by physical barriers; failing to release plaintiff where defendant has legal duty to do so; asserting invalid legal authority
        
        Very brief time is sufficient
        
        No duty to resist if defendant makes credible threat to use physical force
        
        Not confined if there is a reasonable means of escape that plaintiff is actually aware exists
        
        Requires knowledge of confinement or actual harm
        
        Defense - shopkeeper's privilege requires detention that is:
        
        In a reasonable manner
        
        For a reasonable period of time
        
        Based on reasonable belief of theft
    - - Intentional or reckless act amounting to extreme and outrageous conduct that causes the plaintiff severe mental illness
        
        Reckless conduct is sufficient if defendant acts in deliberate disregard of a high degree of probability that emotional distress will follow
        
        Extreme and outrageous conduct is beyond the bounds of decency; conduct a civilized society would not tolerate
        
        Mental distress must be severe and substantial; more than a reasonable person could be expected to endure
- - - - Defamatory message
      - Of or concerning the plaintiff
      - Publication of message
      - Harm to plaintiff's reputation
    - - Libel - written
      - Slander - spoken
        
        Slander per se
        
        Commission of a crime
        
        Allegations of a loathsome disease
        
        Imputes improper conduct of business or profession
        
        Serious sexual misconduct
    - - General - no proof of actual damages
      - Pecuniary or special - quantifiable monetary loss (plaintiff must prove unless slander per se)
      - Punitive - need additional showing of malice
    - - Truth
      - Privileges
        
        Absolute
        
        Qualified
      - Consent
    - - NY Times v. Sullivan, 376 U.S. 254 (1964)
        
        Malice required
        
        Nature of plaintiff
        
        Subject matter of controversy
        
        Required for presumed punitive damages
  - - - False affirmative statement
      - Active concealment
      - Omissions of fact/failure to disclose
    - - Statement made that was false
      - Statement made with reckless disregard as to its truth or falsity
  - - - whether conduct involves significant interference with a public health, safety, peace, comfort, or convenience
      - whether conduct is proscribed by a statute, ordinance, or regulation
      - whether conduct is of a continuing nature or has produced a permanent long lasting effect
- - - - Manufacturing
      - Food products
    - - Inadequate warnings result in liability