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Torts (Intentional Torts (False Imprisonment (Shopkeepers Privilege…
Torts
Intentional Torts
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IIED
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Extreme and outrageous conduct by D: that exceeds the bounds of decency. Mere insults = insufficient.
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IIED: Bystander Claims
P is closely related to injured person - not required if P shows D had design or purpose to cause P severe distress
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Assault
of Immediate harmful or offensive contact to P's person. Words or threats of future battery usually insufficient, unless coupled w some overt act.
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Act by D that creates a Reasonable Apprehension in P. P has knowledge of D's act and an expectation that it will result in immediate harmful or offensive contact to P's person. Apparent ability to follow-through is sufficient.
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Trespass to Land
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Physical invasion of Ps real property by D: D enters P's property or propels an object onto it. P must only have actual or constructive possession. ownership not required. Invasion must be physical. real prop includes surface space, airspace, and subterranean space to a reasonable distance.
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Prima Facie Case
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Transferred Intent Doctrine: commits tort against different person than intended, Or commits different tort than intended, or both.
Applies to Assault, Battery, False imprisonment, and Trespass to land or chattel
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Negligence
Causation
Actual Cause: between breach of duty and resulting injury. But-for Test. Substantial Factor test. Burden-Shifting test.
Proximate Cause: establishes it's fair under the law to hold D responsible for P's injuries. Foreseeability Direct Causes. Indirect/Intervening Causes. Eggshell Plaintiff Rule - D takes P as he finds him and is liable for the full extent of P's injuries, regardless of whether they are foreseeable.
Damages
Nominal damages not available. Types: personal injury, Property damage, Punitive damages - only for wanton and willful, reckless, or malicious conduct.
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Breach of Duty
Res Ipsa Loquitur: very occurrence of the accident causing P's injuries suggests negligent conduct. Arises if facts cannot establish breach of duty b/c circumstances surrounding event are unknown to P.
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Duty of Care - Unless alternative standard: D has duty to behave like a reasonably prudent person under the circumstances presented. RPP is considered to be someone w D's physical characteristics, but with the knowledge and mental capacity of an ordinary person.
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Children - of a like child of similar age, education, intelligence and experience. Under 7 generally lack capacity to be held negligent
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Statutory standard of care: Negligence Per Se - violation of statute means P must only prove causation not breach of duty.
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Contributory negligence: P barred from recovery if D establishes P's negligence contributed to her injuries
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comparative negligence: Partial modified - p can only recover if was less than 50% at fault VS. Pure comparative - P can recover even if was more than 50% at fault
Negligent infliction of emotional distress: emotional distress has to give rise to some physical manifestation.
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Strict Liability
Defenses: assumption of risk, comparative negligence
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only available in cases involving: ultrahazardous and or abnormally dangerous conditions, Animal conduct, Products liability.
Animal Conduct
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animal owners strictly liable for reasonably foreseeable damage resulting from their animal's trespass on another's property
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Products Liability
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Strict Liability
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Product is defective
Inadequate warning: must show product has risks that can't be eliminated by redesign and consumers would not ordinarily notice. Unavoidably unsafe products.
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Implied Warranties
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elements: warranty, breach, causation, damages
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protection extends to buyer's family, household, guests who suffer personal injury
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Defamation: a statement concerning P, made by D to third person, that is harmful to P's reputation.
1st A considerations when public figure, public official, matter of public concern. Public official/figure = actual malice standard, Private figure = negligence standard
Damages
Libel (written defamatory statement) - general damages presumed, P doesn't have to prove special damages
Slander (spoken defamatory statement): p must prove special damages unless the statement constitutes slander per se.
Elements: 1) Defamatory statement 2) concerning P 3) Publication (to a third party) 4)Harmful to P's reputation 5) Falsity & fault - only required if statement involves a matter of public concern or public figure or official.
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Other Torts
Intentional Misrepresentation (fraud, deceit)
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Malicious Prosecution
No Probable Cause for original proceeding: D knew P was not guilty or had insufficient facts to believe in P's guilt.
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Nuisance
Public: unreasonable interference with health, safety, or property rights of the community at large.
Potential remedies: money damages, injunctive relief
Private: substantial interference, Unreasonable interference with another's use or enjoyment of her property.
Defenses: can't recover if came to the nuisance for sole purpose of bringing suit, Contributory negligence if P asserts negligence theory
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Liability Issues
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Joint & Several Liability, Contribution and Indemnity
Contribution: D who pays more than her share of damages under joint and several liability can assert a claim against jointly liable parties for the excess paid.
Indemnity: shifting the entire loss between or amongst D's. by K, vicarious liability, or strict products liability.
Joint & several liability: arises if the acts of two or more D's combine to produce a single indivisible injury.
Satisfaction: if P recovers fully from one, can't recover more from other.