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Torts by Mind Map: Torts
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Torts

Intentional Torts

Against a Person

Against Property

Defenses - POPCANS

Negligence

Generally: due care required. P in a negligence action must show that   D has a legal duty to protect the plaintiff against an unreasonable risk of harm and D failed to conform his conduct to the legally required standard  

Elements

Defenses

Odd Types of Defendant

Strict Liability

Possession of Animals

Wild animals are strict liability; Domestic Pet Owner is only liable if D knows of the pets dangerous propensity.

Abnormally Dangerous Activities

Verify that the harm was caused by the reason that they're dangerous.

Products Liability

Defenses

Warranty

Express

Implied

Nuisance

Public

  unreasonable interference -  can be the result of intentional conduct, negligence, or abnormally dangerous activity for which a defendant is strictly liable right common to general public To recover, D must show special damages past what the general public suffers

Private

Requires: [A] substantial and unreasonable interference -  can be the result of intentional conduct, negligence, or abnormally dangerous activity for which a defendant is strictly liable [B] interferes with P's use and enjoyment of Land Factors: [B][1] Value of D's Activities [B][2] [B][3] Nature of locality [B][4] Extent of P's injury [B][5] Who was there first?

Remedies

Defamatation

defamatory message

lowers the esteem of a P in teh community or discourages 3rd party from associating with it. Must be [1] something that can be believed of true or false; [2] reputation must harmed in the eyes of a substantial minority of reasonable people

pleading problems

Over 20 Ds is too big to bring a suit.

publication

D must intentionally publish info or was negligent (reasonably foreseeable that the comment would be overheard) in publishing the information.

type of defamation and damages

common law defenses

constitutional issues

[1] whats the status of the P (public, private figure) [2] whats the subject matter (public concern or private concern) [3] what damages does the P seek [4] whats the status of the D.  

Defenses

Invasion of Privacy

Intrusion into Seclusion

D intentionally intrudes on P's zone of privacy; It indrudes on P's privacy if a reasonable person would find it highly offensive

Commercial Appropriation

use of P's identity for commercial advantage

Public Disclosure of Private True Facts

True Information P must prove: highly offensive to a reasonable person and not of public concern; disclosure of facts; private facts not newsworthy (this is the key)

Portrayal in a false light

stating falsely that someone has cancer or is poor

Economic Torts

Intentional misrepresentation

1) Misrepresentation 2) Scienter (intentional) 3) of past or present fact 4) P justifiably relies 5) Damages    

negligent misrepresentation

Pure economic loss cannot be recovered unless there are special relationships

interference with contractual relations

D knows of K D acts w/purpose to make K breached or harder to perform

interference with prospective advantage

D only had a malicious intent

injurious falsehood

P must prove 1) false statement 2) actuall malice 3) made to another (published) 4) causing specific economic injury to P

Damages

Wrongful Institution of Legal Proceedings

Malicious Prosecution

Wrongful Institutions of civil proceeding

abuse of process

Defenses