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Torts - Coggle Diagram
Torts
Intentional torts; 1)a volunteer act, 2)intent, 3) the elements of a prima facie lain for that tort 4) causation 5) harm 6) lack of a privilege defense
Against Porperty
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Trespass to chattels: Intentional act that interferes with the plaintiff's chattel, causing harm.
Conversion: Intentional act that causes the destruction or serious interference with the plaintiff's chattel.
Intent
establish if the defendant either desires that his act will cause the harmful result or knows with a substantial certainty that the result will follow.
Transferred Intent: the defendant intends to commit one tort, but commits a different tort against the person or another.
Defenses
Self defense: a defendant may use force reasonably necessary to protect against injury when he reasonably believes he is being or about to be attacked. Also include defense of others.
Defense of property: Requires the defendant to request the plaintiff to stop or leave unless it would be futile. Defendant may not use deadly force.
Necessity: requires that injuring plaintiff's was reasonabley necessary to avoid a substantially greater harm to the public, to the defendant, or to save the defendant 's more valuable property.
Consent: Can be expressed or implied, and the defendant will still be liable if they exceed the scope of consent.
Against persons
Assault: Plaintiff experiences a reasonable apprehension of an immediate harmful or offensive contact. Harmful or offensive contact exists if a reasonable person would regard it as offensive.
Battery: Harmful or offensive contact with the victim or something closely connected with the victim. Reasonable person standard applies. Anything connected to the victim's person is included.
False Imprisonment: Intentional act that causes a plaintiff to be confined or restrained to a bounded area against plaintiffs will and the plaintiff knows of the confinement or is injured. No specific duration of time required.
Intentional infliction of emotional distressL Intentional or reckless act amounting to extra and outrageous conduct that causes the plaintiff severe mental distress
Negligence:
Duty: when action is taken, a duty of care is owed to all foreseeable plaintiffs.
Breach: occurs when the defendant's conduct fall short of the standard of care. Two special situations should be considered. 1) Negligence per se; when a statute provides for a criminal penalty, that statute replaces the common law duty. 2) res ipsa loquitur; applies based on the particular activity.
Causation: Always address both actual cause and legal cause.1) actual cause also known as cause-in-fact. but for the defendant's actions, the plaintiff's injury would not have occurred.
Proximate cause: test based on whether the risk was foreseeable. Plaintiff must be within the zone of danger. exception: eggshell plaintiffs: defendant take the full consequence for a plaintiff's injury even if the plaintiff injuries are more severe than they would have been with a normal person.
funforeseeable intervening act cut off defendant liability.
Damages. Actual harm of injury. plaintiff is compensated for all past, present and future prospective damages including economic.
Defenses: 1) comparative fault means the plaintiff conduct contributed to the injury and compared to the defendant;s negligence. 2)assumption of the risk; requires that the plaintiff must have known o the risk and still volunteered to proceed with the action.
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Strict liability: a defendant is liable for injuring a plaintiff whether or not the defendant exercised due care. plaintiff must prove 1) the nature of the defendant's activity imposes an absolute duty to make safe 2) the dangerous aspect of the activity is the actual and proximate cause of the plaintiff's injury; and 3) The plaintiff suffered damage to person or property.
wild animals: depends on the nature of the animal. will always be liable even if defendant claims it is domesticated.
Product liability: requires consideration of proof unique to products; 1) defect- a)manufacturing defect
b) Design defect c) warning defect
Abnormally dangerous activity; must create a foreseeable risk of serious harm even with the exercise of reasonable care. activity that in not in common usage
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