Torts
💁Intentional 💁
💥Negligence 💥
💸 Economic Harm & Dignitary Torts 💸
Against Property
Against Persons
Elements
📏Strict Liability 📏
Elements
Battery
Trespass
Trespass to chattel
Conversion
IIED
Assault
False imprisonment
ACT: Touching of the mind
INTENT: Purpose/desire or knowledge with substantial certainty to cause apprehension of imminent harm or offensive contact.
CAUSATION:
HARM: P is in apprehension of imminent harm or offensive contact by D
NO PRIVILEGE/DEFENSE: Defense of self, others, or property, necessity and consent
Apprehension is not fear
Test for apprehension is objective standard
Would D's conduct normally cause apprehension in the mind of a reasonable person?
UNLESS D had knowledge that P was sensitive or had particular susceptibility THEN (subjective test)
ACT: Extreme and outrageous
Must be more than words unless coupled with other acts or circumstances that would satisfy test for apprehension
Cannot be conditional threats
Must be present acts
INTENT OR RECKLESSNESS: purpose or knowledge with substantial certainty to cause severe emotional distress OR deliberate disregard of a high probability of harm that severe or emotional distress will occur b/c of D's actions
CAUSATION:
HARM: P suffers from severe emotional distress
ACT: Voluntary movement on the part of the D
INTENT: Purpose/desire or knowledge with substantial certainty to cause harmful or offensive bodily contact
CAUSATION:
HARM: Harmful or offensive bodily contact
NO PRIVILEGE/DEFENSE: Defense of self, others, or property, necessity and consent
ACT: D confines P within bounds fixed by D with no reasonable means of escape
INTENT: Purpose/desire to confine P or D knows with substantial certainty they will confine P
CAUSATION:
P WAS AWARE OF THE CONFINEMENT (harm)
P DID NOT CONSENT (injury)
NO PRIVILEGE/DEFENSE: Defense of self, others, or property, necessity and consent
Can transfer to battery, false imprisonment, trespass to land, trespass to chattels, and intent to assault one person transfers to another person
Objective standard
Conduct is beyond the bounds of civilized society
Factors
D in a position of power over P, repeated acts
Factors
1) Physiological manifestations 2) Sought medical treatment 3) Duration and intensity of symptoms 4) Significant impairment in daily functioning
When P is family member of Ds target
When P is not family member of Ds target
“A muscular reaction is always an act unless it is purely reflexive reaction in which the mind and will have no share”
Not purely reflexive, mind and will must have share
Must suffer bodily harm, witness the conduct of D that is directed at intended target, be present, & D knew they were there.
Can only recover IF they were present when D committed IIED to intended target AND witnessed the conduct & D knew they were there.
Whether bodily contact is harmful or offensive is a subjective standard
Subjective standard
any act that causes apprehension of a battery is assault
Can transfer to assault, false imprisonment, trespass to land, trespass to chattels, and intent to batter one person transfers to another person
Rational choice not required because non rational choices are still choices
Subjective standard
UNLESS D had knowledge that P was sensitive or had particular susceptibility THEN (subjective test)
Includes contact with anything connected to P's body
Indirect (setting into motion something that contacts P) and direct contact with P
DAMAGES: Actual damages not required, can recover nominal damages
When D has a legal duty to release P from confinement, an intentional refusal to release P constitutes false imprisonment
Asserting invalid legal authority
Confining by physical barriers
CONFINEMENT WASN'T OTHERWISE PRIVILEGED
Not confined if you are aware of a means to escape
cannot refuse to utilize a means of escaping if using it would pose as a mere inconvenience
Defense of self, others, property, necessity, shop keeper's privilege
Defenses
Recovery
Cause in fact
Breach
Proximate cause
Damage
Products liability
Animals
Manufacturing defect
Design defect
Warning defect
Wild animals
Domestic animals
ACT
INTENT
ACT: D voluntarily enters Ps property w/o permission
Any part of D, objects D voluntarily places or sets into motion (ex. fire), or other people D's voluntary actions cause to enter
INTENT D's purpose to cause entry or knowledge with substantial certainty they would enter
CAUSATION
Assumption of the risk
Don't need to know you are trespassing
INJURY: Unlawful entry
NO PRIVILEGE/DEFENSE
CAUSATION
HARM
NO PRIVILEGE/DEFENSE
ACT
INTENT
CAUSATION
HARM
NO PRIVILEGE/DEFENSE
Nature of D's activity imposes an absolute duty to make safe
Abnormally dangerous activities
BUT not duty to resit confinement if D makes credible threat to use physical force
No intent to cause harm required
DAMAGES: Actual and nominal
Claiming IIED If the P is not “the target” of Dt’s conduct
Defenses
Necessity
Consent
Public
Private
Defense of property
Self defense
Defense of others
Express or implied, still liable if exceeds scope of consent or consent revoked
Defamation
Fraud/Misrepresentation
Invasion of privacy
Nuisance
The dangerous aspect of the activity is the actual AND proximate cause of P's injury
P suffered damage to themselves or property
An activity that is not a matter of common usage
The activity creates a foreseeable risk of serious harm even with the exercise of reasonable care
Comparative fault
Public
Private
Libel
Slander
Appropriation of Ps name or picture
Intrusion on Ps affairs/seclusion
Publication of facts that place P in negative light
Can transfer to assault, battery, trespass to land, trespass to chattels
Can transfer to assault, battery, false imprisonment, trespass to chattels
Shop keeper's privilege
When do you have it?
Scope of the privilege
Detention must be 1) in a reasonable manner (must take into account Ps sensibilities and rights) , 2) for a reasonable period of time (temporary), 3) based on a reasonable belief of theft on the premises (probable cause)
store owners
D dispossesses P of the chattel OR D uses or meddles with the chattel in the possession of P
D's purpose to dispossess or interfere with P's possession or use of their chattel or knowledge with substantial certainty that they will disposes or interfere with P's possession or use of their chattel.
Consent
D takes the chattel for a substantial period of time OR impairs the condition, quality, or value of the chattel
MUST prove their was some harm, cannot just be injury. Injury in the absence of harm is not sufficient.
D bares P's access to the chattel
D obtains possession of chattel via fraud or duress
D takes chattel into the custody of the law
D exercises dominion or control over a chattel that so seriously interferes with the rights of P’s control of said chattel
D's purpose to disposes P of their chattel or interfere with their possession or use of their chattel or D knows with substantially certainty they are interfering with Ps use or possession of the chattel
D bares P's access to the chattel
D obtains possession of chattel via fraud or duress
D takes chattel into the custody of the law
D destroys chattel while its in Ps possession
injury=invasion of any legal right
harm=detriment or loss in fact that an individual suffers
May use force 1) reasonably necessary to protect against injury when 2) reasonably believe you are being attacked or about to be attacked. Force must be proportional to the threat and interest you are protecting.
May use force 1) reasonably necessary to protect against injury when 2) reasonably believe others are being attacked or about to be attacked. Force must be proportional to the threat and interest you are protecting.
Cannot be the 1st aggressor, can only use deadly force to prevent serious bodily harm
Serious bodily harm= a harm which creates a substantial risk for fatal consequences, the permanent loss or protracted loss of the function of any necessary member or organ
Must 1) request party to leave or stop unless it would be futile, 2) cannot use deadly force, 3) can only use force reasonably necessary to protect property
Reasonably believe it to be, necessary for the purpose of averting an imminent public disaster
Reasonably believe it to be necessary for the purpose of averting harm to yourself or your more valuable property
Belief is evaluated under the reasonable person standard
Written defamatory message
Message is about or concerns P
Message was published--3rd person received the message and understood it to be about P.
Message harms Ps reputation
Defamatory message in non-recorded form
Message is about or concerns P
Message was published--3rd person received the message and understood it to be about P.
Message harms Ps reputation
defamatory message= message lowers P in the community's esteem or discourages a 3rd person from associating with them
Slander per se
Message is about the 1) commission of a crime, 2) allegations of a loathsome disease, 3) imputes improper conduct of business or profession, 4) serious sexual misconduct
Damages
Defenses
General
Pecuniary or special
No proof of actual damages required
Quantifiable monetary losses. Must prove to get unless slander per se.
Punitive
Must show malice to get
Absolute
Qualified
Not liable when D has a privilege
D has burden of proof
Applies to legislators, participants in judicial proceedings, policy making officials and spouses
Not liable when matter of the message is privileged
D has burden of proof
Applies when the matter is of interest to the recipient
Consent
When the privilege that entitles you to this defense is lost, cannot use this defense. OR when message exceeds privilege cannot use this defense.
Cannot use this defense when motive for the message was malice
Misstatement of fact (doesn't include opinions unless rendered by someone with superior skill)
Intent to induce reliance on statement
Scienter/malice statement was made
An intentional assertion of a material false fact P justifiably relied upon that caused damages to P
False affirmative statement of fact
Active concealment
Omission of fact/failure to disclose
Knowing it was false OR
With reckless disregard as to its truth or falsity OR
Justifiable reliance (reasonable person standard)
Causation/damages
Negligently made (only applies to commercial settings)
Unauthorized use of Ps identity or likeness for Ds commercial advantage
D unreasonably (highly objectionable to a reasonable person) intrudes (physical or non physical) into Ps seclusion (physical solitude and privacy of personal affairs or concerns that P had a reasonable expectation of privacy over)
D publishes matters that portray P in a false light
Attributing to P views P does not hold or actions P did not take
Reasonable person would find disclosure offensive
Disclosure must have been communicated to a substantial number of people
Public disclosure of private facts about P
D unreasonably discloses private facts (highly offensive to a reasonable person and not about legitimate public concern and not newsworthy) about P to public
Defenses
Truth
Consent
Privilege
Unreasonable interference with public rights. Can only recover if you suffered a harm different from the type of harm general public suffered AND prove any social usefulness of the conduct is substantially outweighed by the seriousness of the harm.
The 2) intentional, 2) substantial and unreasonable interference with 3) Ps use and enjoyment of their land (a legal right P has).
Duty
No affirmative duty to control unless
Special relationship (ex. parents or masters over their servants)
Standard of care
When you have a duty, must meet standard of care when executing said duty OR when you choose to act must meet standard of care
No affirmative duty to act unless
Innkeepers, common carriers, professionals, special relationship, or parents
Must maintain standard of care AND liable for leaving P in a worse condition then before they acted
General
Chilren
To act as a reasonable ordinary prudent person under the same circumstances or situation
To act as reasonable child of the same age, education, intelligence, and experience
When your conduct falls below the standard of care
Negligence per se
Res ipsa loquitor
redo