LSTD Ch. 12 Torts

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Ch. 12 Torts

Intentional Torts

Property

Disparagement of Property

"Defamation" property

Slander of title

Not yours

Slander of quality

Bad quality

Conversion

Theft, civil version

Trespass to Personal Property

Takes, harms

Tresspass to Land

Licensee

Business

Competitive behavior

Good advertising makes two parties breach contract

Wrongful interference with business relationship

Predatory behavior

Wrongful interference with contractual relationship

3 party intentionally induce to contractual breaching

3 party knows of it

Valid Contract

Persons

Types

Abusive litigation

Abuse of process

Benefit from it

Malice

Fraudulent misrepresentation

Negligent misrepresentation

Had to tell the truth

Didnt know was false

Fact vs opinion

Opinion of experts in subject matter

Only facts

Causal connection

Reliance

Intent to make third party rely

Misrepresentations of facts

Know is not true

Appropiation

Right to Publicity

Must state her or his will to avoid after death use

Commercial use

Degree of likeness

Name, Likeness

Benefit

w/o permission

Invasion of privacy

Public disclosure of private info

Paper (Sex life)

False light

Similar to defamation

Intrussion into other's affairs

Entering other's home

Searching

Defamation

Priviledge

Qualified

Evaluations

absolute

Politics

Judicial

Truth

Hurt person's good reputation (Fact)

Slander

Special damages

Exception

Slander per se

(Female) improper sexual conduct

False crime

Improper act in trade

Disease

Economic loss

Oral

Libel

No need to prove injury

General Damages

Written

Emotional Distress

Severe distress

Outrageous behaviour

False Imprisonment

Shoplifting

Restraint activity w/o justification

Freedom to move

Battery

Defense of Property

No deathly force

Defense of others

Self defense

Consent

Complete or partial

Completion

Harm

Offensive

Physical

Assault

Unexcused act

Offensive contact

Apprehension

Tortfeasor

interfere personal or business interests in an illegal way

Negligence

Special Negligence Doctrine and Statutes

Dram Shop acts

Social hosts

Take care of your costumer

Good Samaritan Statutes

Protect physicians and medical personnel

volunteer

Danger Invites Rescue Doctrine

Liable for rescue teams

Negligence Per Se

Statute designed to prevent that behavior

Plaintiff protected by Statute

Violation of Statute

Res Ipsa Loquitur

When something doesnt occur unless

negligent act

Switch burden of proof

Defendant

"The facts speak for themselves"

Defenses

Contributory and comparative Negligence

Comparative

Both compute accordingly

Contributory

Both negligent, sorry

Superseding Cause

Forseeable injuries only

Assumption of Risk

Voluntary assumption of the risk

Knowledge of the risk

Causation

Proximate cause

Forseeable

Connection between act and injury close enough

Causation in fact

"But for"

Duty of care and its breach

Duty of Landowners

No duty to rescue

Duty of Professionals

Malpractice

Duty warn business risk

Obvious risks provide and exception

The reasonable person standard

Duty of care

free to act but no infringe in others interest

Def

Breach of a duty causing a harm

Tort

Damages

Punitive

Some Negligence

Torts

General

Individuals

Nonmonetary aspects

Special

Monetary

Purpose

Remedies

Protected interests

wrongful conduct

harm