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Torts by Mind Map: Torts

1. Intentional torts

1.1. Prima facie case

1.1.1. Act by D

1.1.2. Intent Don't have to be specific. i.e. intentionally push and break P's arm, there's intent. Transferred intent (limitation: btwn assult, battery.... etc) There's no "incapability" defense

1.1.3. Causation "Substantial factor"

1.2. Intentional tort to the person

1.2.1. Battery Harmful or offensive contact Direct or indirect "offensive" if not permitted to To P's person includes everything he's holding No damage required

1.2.2. Assult Reasonable apprehension Knowledge of D's act Words alone not sufficient, but can negate it Immediate harmful or offensive contact

1.2.3. False imprisonment know of or harm by it No damage required

1.2.4. Intentional infliction of emotional distress Extreme and outrageous conduct + Continuous; P; D Intent or Recklessness Actual Damage Causation bystander (Present; Close relative; D knew the 2)

1.3. Intentional Tort to property

1.3.1. Trespass to land Physical invasion (tangible) No requirement of damages

1.3.2. Trespass to Chattels Interferes with P's right of possession - Damage / Steal Intent - Mistaken belief that he owns the chattel is no defense Damage - can be to the possession right

1.3.3. Conversion Damage serious enough that D pays the full value

1.4. Defense

1.4.1. Consent Express consent Implied consent body-contact sports Necessary to save a person's life or other important interest Capacity required

1.4.2. Self-defense, defense of others, defense of property When is defense available? Reasonable mistake Reasonable force

1.4.3. Privilege of arrest

1.4.4. Necessity Private - must pay for any injury he causes Public

2. Nuisance

2.1. Private Nuisance

2.2. Public Nuisance

3. Product Liability

3.1. Intent

3.2. Negligence

3.2.1. Duty of care owed to foreseeable P, including bystander

3.2.2. Manufacturing defect - Defect would not usually occur without the manufacturer's negligence

3.2.3. Design defect - D knew or should've known of the danger

3.3. Strict liability

3.3.1. Any commercial supplier if manufacturer is liable, then the whole chain could be liable No strict liability for non-commercial supplier

3.3.2. Only to product, no services

3.3.3. Defective - as to be " unreasonably dangerous"

3.3.4. Without substantial change

3.4. Warranties

3.4.1. Merchantability

3.4.2. Fitness for a particular purpose

4. Strict liability

4.1. Liability for animal

4.1.1. Reasonably foreseeable damage done by a trespass of your animal

4.1.2. Liable to licensees and invitees for your wild animal No strict liability for domestic animal, unless know of the dangerous propensities

4.2. Abnormally dangerous activity

4.2.1. forseeable risk of serious harm even when reasonable care is exercised

4.2.2. not common usage

5. Harm to economic and dignity

5.1. Defamation

5.1.1. Common law Defamatory language of or concerning the P Publication To a third party Damage to P's reputation Libel - damage presumed Slander - must prove special damage

5.1.2. Constitutional law Falsity D's fault Public figure - must prove actual malice Private person - must prove negligence + actual injury

5.2. Invasion of right to privacy

6. Negligence

6.1. Prima facie case

6.1.1. Duty, breach, actual and proximate cause, damage

6.1.2. Duty of care owed only to foreseeable P Rescuers, prenatal injuries, intended beneficiaries Standard of care The reasonable person Professional, children, common carrier and innkeepers Owners of land Negligent infliction of emotional distress Zone of danger; Physical symptoms Bystander special relationship (doctor&patient) others like D's negligence Affirmative duty to act once D aid someone, must do so with reasonable care Peril

6.1.3. Breach of duty Res Ipsa loquitur The accident would not normally occur unless D was negligent

6.1.4. Causation Actual - "But for" Legal