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Torts - Coggle Diagram

- - - - Manufacturing defect
        
        Product was dangerous beyond expectation of ordinary consumer because of a departure from Its Intended design
      - Food products
        
        Consumer expectations standard
    - - Plaintiff must show a reasonable alternative design that Is less dangerous modification or alteration was economically feasible
        
        Control
        
        Defect must have existed at the time the product left defendant's control
        
        Changes
        
        Product must reach user without substantial change In condition It was supplied
        
        Warning defect
        
        While adequate warnings Insulate a defendant; Inadequate warnings result In liability
        
        Seller must anticipate reasonably foreseeable misuses of the product
        
        Reasonable alternative design must exist at time of original design
        
        No requirement of contractural privity
        
        Business
        
        Only commercial suppliers can be held liable
        
        Causation
        
        Both actual cause and proximate cause required
        
        Damages
        
        Compensatory and punitive damages availabe
- - - - Harmful or offensive contact with the victim of something closely connected with the victim.
    - - Intentional or reckless acts amounting to extreme and outrageous conduct that causes the plaintiff severe mental distress.
    - - Plaintiff experiences a reasonable apprehension of an Immediate harmful or offensive contact.
    - - Intentional act that causes a plaintiff to be confined or restrained to a bounded area against plaintiff's will and the plaintiff knows of confinement or is injured.
  - - - Requires defendant to request the plaintiff to stop or leave unless it would be futile.
    - - Injuring plaintiff's property was reasonably necessary to avoid a substantially greater harm to the public, to the defendant, or to save the defendant's more valuable property.
    - - Defendant will be liable If he exceeds scope of implied or express consent.
    - - Defendant may use force reasonably necessary to protect against Injury when he reasonably believes he Is being or Is about to be attacked. Defendant cannot be Initial aggressor and reasonable mistakes as to the danger are allowed.
    - - Defendant may use force reasonably necessary to protect against Injury when he reasonably believes he Is being or Is about to be attacked.
  - - - Established if defendant either desires that his act will cause that harmful result or knows with a substantial certainty that result will follow
      - Transferred Intent
        
        Trespass to chattels
        
        Trespass to land
        
        False Imprisonment
        
        Battery
        
        Assault
  - - - Intentional act that Interferes with the plaintiff's chattel, causing harm.
    - - Intentional act that causes the destruction or serious Interference with plaintiff's chattel
    - - Tortfeasor's intentional act Is a physical Invasion of property.
- - - - With reckless disregard as to its truth or falsity
      - Knowing it was false
    - - Active concealment
      - Omissions of fact/failure to disclose
      - False, affirmative statement
  - - - Must be highly objectionable to a reasonable person
      - Physical or non-physical intrusion
      - Refers to plaintiff's physical solitude and privacy of personal affairs or concerns. Plaintiff must have a reasonable expectation of privacy
    - - Reasonable person would find offensive
      - Must be communicated to a substantial number of people
      - Attributing to the plaintiff views he does not hold or actions he did not take
    - - Must be publication to the public
      - Does not apply if publication Is newsworthy
      - Needs to be highly offensive to a reasonable person and not of legitimate public concern
  - - - General Damages
      - Pecuniary or special damages
      - Punitive Damage
    - - Libel
      - Slamder
      - Slander per se
        
        Allegations of a loathsome disease
        
        Imputes Improper conduct of business or profession
        
        Commission of a crime
        
        Serious sexual misconduct
    - - Truth
      - Privileges
        
        Absolute
        
        Qualified
      - Consent
    - - Defamatory message
      - Of or concerning the plaintiff
      - Publication
      - Harm to reputation
    - - NYT v. Sullivan
        
        Nature of Plaintiff
        
        Public Figure
        
        Pervasive fame or notoriety or as to specific limited Issues
        
        Public official
        
        Subject Matter of Controversy
        
        Matter of public concern
        
        Malice required
        
        Required for presumed or punitive damages
- - - - Negligence per se
        
        Statute provides for a criminal penalty, statute's specific duty replaces the common law duty
      - Res Ipsa Loquitur
        
        Applies based on particular Injury. Circumstantial Evidence Doctrine. If know what causes Injury, then this does not apply.
    - - Cause in fact AKA Actual Cause
        
        But-for the defendant's actions, plaintiff's Injury would not have occurred
      - Proximate Cause
        
        Based on foreseeability and Is actually a limitation on liability that every actual cause does not have rise to legal cause
        
        Exception Is eggshell plaintiff: defendants take full consequence for a plaintiff's Injuries, even If Injuries are more severe than they would have been with a normal person
    - - One can assume duty to act. Liable If leaves π In worse condition
      - No duty to control others
        
        Exception: special relationship
        
        Parents have duty to exercise reasonable care to control child
        
        Masters have duty to control servants while acting within scope of employment
        
        Masters have duty of care In hiring employees
      - No affirmation duty to act exists
        
        Exceptions resulting In this:
        
        Common carriers
        
        Special relationships
        
        Innkeepers
      - Negligent Infliction of emotional distress
        
        π must be In zone of danger
        
        Exceptions to zone of danger and physical manifestation
        
        Bystander
        
        Located near scene of accident
        
        Suffered severe emotional distress from sensory and contemporaneous observation of scene
        
        Had close personal relationship with victim
        
        Suffered a physical manifestation
      - Action Is taken, duty of care is owed to all foreseeable plaintiffs
      - Possessors of Land
        
        Licensee
        
        Duty to exercise reasonable care and to warn of dangerous conditions
        
        Trespasser
        
        Known trespassers: jurisdictions take different approaches
        
        Children: heightened standard of care as to artificial conditions
        
        Unknown trespasser: no duty of care
        
        Invitee
        
        Duty to prevent Injuries and duty to discover dangerous conditions
      - ∆ must meet certain standard of conduct for protection of others against unreasonable risk
    - - Means actual harm or Injury
      - π cannot recover nominal damages
      - π Is compensated for all past, present, prospective damages Including economic damages (medical expenses and lost earnings) and noneconomic damages such as pain and suffering.
      - Punitive damages can be recovered as well
  - - - Requires π must have known of the risks and still voluntarily proceeded with action
    - - π's conduct contributed to her Injury and Is compared to defendant's negligence