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Torts - Coggle Diagram

- - - - Elements
        
        defamatory message
        
        of or concerning P
        
        Publicized to 3rd
        
        harms rep
        
        At CL, SCOTUS has said it also reqs malice, spec rules about public figures at CL
      - types
        
        libel: written
        
        slander: spoken/nonpermanently preserved
      - Slander per se:
        
        commission of a crime
        
        allegations of a loathsome disease
        
        imputes improper conduct of business or profession
        
        serious sexual misconduct
      - Damages:
        
        General - no proof of actual dmgs reqd
        
        pecuniary or special - quantifiable monetary losses, must prove unless slander per se
        
        Punitive - reqs extra showing of malice
      - Defenses
        
        Truth - now P must prove falsity in a prima facie case
        
        Privileges:
        
        Absolute
        
        Certain groups have absolute defense as matter of law. Legislators, participants in judicial proceedings, policy making officials, and spouses. D has burden to prove privilege
        
        Qualified
        
        D not liable unless loses privilege
        
        for comms of a matter of interest to recipient, D must prove
        
        lost/doesn't apply if: outside scope, irrelevant, or done out of malice rather than furthering the interest justified by privilege
        
        Consent
  - - - misstatement of fact, not opinion, unless person of superior skill
      - false, affirmative statement
      - active concealment
      - knowing it was false or reckless disregard for truth
      - intend to induce reliance
      - reas person std for reliance
      - causation/damages
      - malice/scienter (not needed in commercial setting)
  - - - unreas amt, phys or non-phys, highly objectionable to reas person
      - P must have reas expectation of privacy
    - - give views or actions they don't hold, such that a reas person would find it offensive, communicated to a substantial number of people
    - - unreas, highly offensive, not of legit public concern, to public (doesn't apply if newsworthy)
  - - - unreas interference with a right common to general public, ct considers
        
        public health, safety, peace, comfort, convenience. If it's proscribed by law, or if it's of a continuing nature
        
        ind can't recover unless they suffer a diff kind of harm than the other members of the public
    - - avtivity/thing that substantially and unreasonably interferes with P's use and enjoyment of the land
      - must be substantial, unreas, and offensive, inconvenient, or annoying to the average person
- - - - Desires it to happen or knows with substantial certainty that it will follow their actions
      - transferable if assault, battery, false imprisonment, trespass to land or chattels
  - - - Phys invasion of prop
        
        only reqs intentional entry, not dmgs
        
        mistake isn't a defense, don't need to know they're trespassing
        
        P must be in actual possession or have right to immediate possession of land, don't need ownership
        
        Also trespass if D causes a 3rd to enter land or remains when they have legal duty to leave
        
        Includes above and below surface
        
        liable for nominal dmgs and actual harm
    - - Intentional act that interferes w/ P's chattles, causing harm
        
        Chattel - tangible personal prop or intangible prop w/ a phys representation
        
        Mistake isn't a defense
        
        interference includes dispossession or intermeddling
    - - Intentional act, causes destruction or serious interference w/ P's chattel
      - more serious version of trespass to chattels, greater use and/or longer duration
      - mistake isn't a defense
      - P gets fair market value at time of conversion plus consequential damages, or replevin
      - Offer to return chattel doesn't alleviate conversion
  - - - P experiences a reas apprehension of an immediate harmful or offensive contact
      - Apparent ability is reqd, not a defense to say they couldn't actually do it
      - harmful or offensive measured with reas person std
        
        exaggerated fears don't count unless D knows about fear and used it to put P in apprehension
        
        actual fear not needed, just apprehension
      - Needs an overt act, words are insufficient
      - actual dmgs not needed, can get nominal
    - - Harmful or offensive contact with the victim or something closely connected with them
        
        reas person std
        
        includes things connected to V's person
        
        direct touching not reqd
        
        includes setting in motion something that causes the contact, like throwing a ball
        
        apprehension not reqd
        
        lacks consent
    - - Intentional act that causes P to be confined or restrained to a bounded area against P's will
        
        P must know of confinement or be injured by it
        
        confinement includes phys barriers, failure to release if legal duty, or asserting invalid legal authority
        
        no set time req, can be very brief
        
        P has no duty to resist if D makes a credible threat to use phys force
        
        not confined if reas means of escape that P is aware of
        
        Shopkeeper's Privilege Defense Reqs:
        
        Reas manner
        
        Reas Period of time
        
        and based on a reas belief of theft
    - - Intentional or Reckless Act amounting to extreme and outrageous conduct that causes P severe mental distress
        
        Reckless conduct enough if D acts in deliberate disregard of a high degree of probability that emotional distress will follow
        
        must be beyond the bounds of decency, such that a civilized society would not tolerate it
        
        Must be severe and substantial distress, more than a reas person could be expected to endure
  - - - may use force reas necessary to protect against injury when reas believe about to be attacked
      - D can't be initial aggressor
      - reas mistakes are allowed
      - duty to retreat may apply
    - - Reqs telling P to stop or leave unless it'd be futile, can't use deadly force
    - - Injuring P's prop necessary to prevent a substantially greater harm to public, D, or to save D's more valuable prop. Reas person std
    - - Express or implied
      - can't exceed scope of consent
- - - - reas duty of care
      - no affirmative duty to act unless special relationship
      - invitee vs licensee vs trespasser
    - - Actual
      - proximate