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

Torts

Intentional Torts

Against a Person

Assault, Elements, Things to Review

Battery, Elements, Things to Review

False Imprisonment, Elements, Things to Review

Intentional Infliction of Emotional Stress, Elements, Things to Review

Against Property

Land, Trespass of Land, Elements, Things to Review

Personal, Trespass of Chattels, Elements, Things to Review, Conversion, Elements, Things to Review

Defenses - POPCANS

Priviledge

Defense to Others

Defense to Property

Consent

Authority

Necessity

Self Defense

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

Duty, Invitee, Licensee, Tresspasser, unknown - no duty, known, frequent, children

Breach of Duty, Standard of Care, Gen: Reasonably Prudent Person, Children, Negligence Per Se / Statutory, Professional, Res Ipsa Loquitur

Cause in Fact, Multiple Causes, Loss of Chance, Alternative Liability Theory (Summers v. Tice), Market Share Liability

Proximate Cause, foreseeable plaintif, zone of danger, eggshell plaintiff, superseding cause

Damages, compensatory damages

Defenses

Contributory Negligence

Comparative Negligence

Assumption of Risk

Avoidable Consequences

Odd Types of Defendant

Government Defendant

Business Defendant

Rescuers

Joint Venture

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.

Obviously Dangerous

Products Liability

elements, Proper P, Proper D, Context, Defective Product, Manufacturer Defect, Warning Defect, Design Defect, Cause In Fact, Proximate Cause, Damages

Defenses

Contrib. Negl NOT valid defense

Assumption of Risk

Misuse

Alteration

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

Injunction

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

Libel, written or other permanent form

slander, spoke or other non-permanent, per se

common law defenses

Absolute Privileges

Qualified Privileges

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.  

Public Figure

Private Figure

Defenses

Truth

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

Pecuniary

General

Punitive

Wrongful Institution of Legal Proceedings

Malicious Prosecution

Wrongful Institutions of civil proceeding

abuse of process

Defenses

Privilege