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Torts - Coggle Diagram
Torts
economic harm & dignitary torts
fraud/misrepresentation
an intentional assertion of a material false fact that a plaintiff justifiably relied upon and that causes damages to the plaintiff
invasion of privacy
four separate torts: appropriation of plaintiff's name or picture, intrusion on their affairs, publication of facts placing plaintiff in false light, and public disclosure of private facts
nuisance
public or private
defamation
defamatory message of or concerning the plaintiff that is communicated to a third person and damages the plaintiff's reputation
strict liability
abnormally dangerous activity
must create a foreseeable risk of serious harm even with the exercise of reasonable care, and must not be an act of common usage
defective products
do an analysis of strict liability and of products liability
defenses
liability for animals
depends upon the nature of the animal. With wild animals, will almost always result in strict liability
Intentional torts
liability requires:
voluntary act
intent
established if D desires or knows with substantial certainty that the result will occur
elements of a prima facie claim for that tort
causation
harm
lack of a privilege or defense
Intentional torts against persons:
assault: plaintiff experiences a reasonable apprehension of an immediate harmful or offensive contact
battery: harmful or offensive contact with the victim or something closely connected with the victim
False imprisonment: intentional act that causes plaintiff to be confined agains their will and the plaintiff knows that they are confined
IIED
intentional or reckless act amounting to extreme and outrageous conduct that causes the plaintiff severe mental distress
Intentional torts against property
trespass to land
trespass to chattels
conversion
negligence
Defenses
Comparative fault
plaintiff's conduct contributed to the injury and is compared to D's negligence
contributory negligence
assumption of risk
requires plaintiff to have known of the risk and still voluntarily proceeded with the action
Elements
Duty
Breach
when defendant's conduct falls short of the standard of care
Causation
Cause in fact
Proximate cause
Damages