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Torts by Mind Map: Torts
4.5 stars - 2 reviews range from 0 to 5


Intentional Torts

Against a Person

Against Property

Defenses - POPCANS


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  



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







  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


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?



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.


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.  


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


Wrongful Institution of Legal Proceedings

Malicious Prosecution

Wrongful Institutions of civil proceeding

abuse of process