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Torts, Intentional Torts, Privacy Torts, Strict Liability Torts,…

- - - - unreasonable interference
      - with health, safety, or property rights of the community
        
        see: using community center to commit crimes
    - - unreasonable
        
        severity of inflicted injury must ouweigh utility
        
        land use values
        
        neighborhood conditions
        
        reasonablility
        
        D's course of conduct alternatives
      - use or enjoyment of property
        
        interference with owner's exclusive possession by a physical invasion
      - substantial
        
        offensive, inconvenient, annoying to the avg person
- - - - Ways out cannot be disgusting
      - ways out cannot be humiliating
      - Ways out cannot be dangerous
      - ways out cannot be hidden
- - - - physical injuries not required
    - - plaintiff is a member of a fragile class
        
        young
        
        elderly
        
        Pregnant women
        
        "large with child"
        
        targeting known sensitivity is outrageous
      - conduct is repetitive in nature
      - common carrier and innkeepers have a bit more duty to be nice and not fuck with people
- - - - physical invasion by person
        
        deliberate act is only intent requiement.
        
        fall onto the land = not deliberate
      - By object
        
        Invasion must be tangible.
        
        does not include sound, light, smell, etc.
        
        Does not have to cause damage
- - - - if damage is serious, conversion is more appropriate
- - - - no one has a claim
    - - all have a claim
  - - - Knowledge of falsity, reckless disregard
      - Limitation
        
        discussing whatever made the person famous= fair game, not actionable
      - malice
    - - negligence standard
  - - - Slander Per Se
        
        Serious Crime
        
        Serious Sexual Misconduct
        
        Loathsome disease
        
        Business or Profession
        
        does not have to be a merchant
      - Libel
        
        Permanent, printed
    - - Slander, not per se
- - - - Artificial condition
      - Highly dangerous
      - concealed from trespasser (not visible)
      - known by possessor
    - - Rznably prudent care under the circumstances from artificial hazard
        
        need to consider what attracts kids.
  - - - concealed from licensee
      - known by possesor
  - - - concealed from invitee
      - known by possessor OR could haver been disco'd
      - from reasonably knowable traps
- - - - Relationship
      - Created Peril
  - - - Prudent does not require successful.
      - Good Samaritan Law in a lot of states but not at common law
- - - - trespassing children. Plaintiff must show:
        
        expense of remedying the situation is slight compared to risk
        
        condition is likely to cause injury
        
        child has inability to appreciate risk
        
        owner knows that children might trespass
        
        dangerous condition on the land that the owner is or should be aware of
      - Users of Recreational land
        
        not liable for injuries UNLESS
        
        landlowner willfully and maliciously failed to guard against or warn of dangerous condition
    - - required to possess the knowledge and skill of an average member of the profession in good standing
      - Doctors
        
        duty to disclose risks of treatment
  - - - UNLESS
        
        D created the peril
        
        D begins a course of conduct that requires him to continue
- - - - last clear chance
        
        person with the last clear chance to avoid an accident and fails to, is liable
    - - imputed between employer/ee, joint ventures, and partners
      - not imputed between spouses
  - - - allow recovery no matter how great the P's negligence was
- - - - use substantial factor test
    - - burden of proof shifts to D to show its not them
  - - - almost always foreseeable
        
        protection or reaction forces
        
        disease or accidnet
        
        rescuers
        
        med mal
      - sometimes foreseeable
        
        crimes and intentional torts of 3Ps
        
        acts of God
        
        third person negligence
- - - - use substnaitla factor test
    - - 2 acts but only 1 breach.
        
        THEn what.
  - - - Jury will assign %
      - if a D is insolvent, the OOP D is shit outta luck