Ch. 12 Torts

wrongful conduct

harm

Purpose

Remedies

Protected interests

Damages

Special

Monetary

General

Nonmonetary aspects

Individuals

Punitive

Torts

Some Negligence

Def

Breach of a duty causing a harm

Duty of care and its breach

Duty of care

free to act but no infringe in others interest

The reasonable person standard

Duty of Landowners

Duty warn business risk

Obvious risks provide and exception

Duty of Professionals

Malpractice

No duty to rescue

Causation

Causation in fact

"But for"

Proximate cause

Connection between act and injury close enough

Forseeable

Defenses

Assumption of Risk

Knowledge of the risk

Voluntary assumption of the risk

Superseding Cause

Forseeable injuries only

Contributory and comparative Negligence

Contributory

Both negligent, sorry

Comparative

Both compute accordingly

Special Negligence Doctrine and Statutes

Res Ipsa Loquitur

"The facts speak for themselves"

Switch burden of proof

Defendant

When something doesnt occur unless

negligent act

Negligence Per Se

Violation of Statute

Plaintiff protected by Statute

Statute designed to prevent that behavior

Danger Invites Rescue Doctrine

Liable for rescue teams

Good Samaritan Statutes

Protect physicians and medical personnel

volunteer

Dram Shop acts

Take care of your costumer

Social hosts

Persons

Tortfeasor

interfere personal or business interests in an illegal way

Types

Assault

Unexcused act

Apprehension

Offensive contact

Battery

Completion

Harm

Physical

Offensive

Defenses

Consent

Complete or partial

Self defense

Defense of others

Defense of Property

No deathly force

False Imprisonment

Restraint activity w/o justification

Freedom to move

Shoplifting

Emotional Distress

Severe distress

Outrageous behaviour

Defamation

Hurt person's good reputation (Fact)

Libel

Written

General Damages

No need to prove injury

Slander

Oral

Special damages

Economic loss

Exception

Slander per se

Disease

Improper act in trade

False crime

(Female) improper sexual conduct

Defenses

Truth

Priviledge

absolute

Judicial

Politics

Qualified

Evaluations

Invasion of privacy

Intrussion into other's affairs

Searching

Entering other's home

False light

Similar to defamation

Public disclosure of private info

Paper (Sex life)

Appropiation

Name, Likeness

w/o permission

Benefit

Degree of likeness

Right to Publicity

Commercial use

w/o permission

Must state her or his will to avoid after death use

Fraudulent misrepresentation

Def

Misrepresentations of facts

Know is not true

Intent to make third party rely

Reliance

Damages

Causal connection

Fact vs opinion

Only facts

Opinion of experts in subject matter

Negligent misrepresentation

Didnt know was false

Had to tell the truth

Abusive litigation

Malice

Abuse of process

Benefit from it

Business

Wrongful interference with contractual relationship

Valid Contract

3 party knows of it

3 party intentionally induce to contractual breaching

Wrongful interference with business relationship

Predatory behavior

Defenses

Competitive behavior

Good advertising makes two parties breach contract

Property

Tresspass to Land

Defenses

Licensee

Trespass to Personal Property

Takes, harms

Conversion

Theft, civil version

Disparagement of Property

"Defamation" property

Slander of quality

Bad quality

Slander of title

Not yours