Torts

Tort

A wrong to one's person, property, or economic interest

Intent

Desiring to cause the consequences of an action

Tort is committed when:

A duty is owed by one person to another, duty is breached, proximate causes, injury or damage

Battery

Intentional infliction of harmful or offensive bodily contact

Assault

Putting one in reasonable apprehension of receiving a battery

False Imprisonment

Confining a person against their will within fixed boundaries if a person is conscious of the confinement or harmed by it

Intentional Infliction of Emotional Distress

Extreme and outrageous conduct that intentionally or recklessly causes severe emotional distress

Defamation

False communication that injures a person's reputation by disgracing him/her and the associated disregard/disrespect

Requirements for Defamation

False and defamatory statement about another, unprivileged communication to a 3rd party, negligence or recklessness in knowing or failing to ascertain falsity of statement, proof of special harm

Invasion of Privacy

Using someone's name/likeness without their knowledge, unreasonable intrusion upon the seclusion of another, unreasonable public disclosure of private facts, unreasonable publicity which places another in false light

Real Property

Land or anything attached to it

Trespass

One is subject to liability regardless of whether he/she causes harm to any legally protected interest

Nuisance

Non-trespasssory invasion of another's interest in the private use and enjoyment of land

Personal Property

Any type of property other than an interest in land

Economic Interests

Business dealings, business reputations, business name, logo, etc.

Requirements of Trespass

Entering land in possession of another, or causing 3rd party to do so, remaining on the land, failing to remove from land a thing that he/she is under duty to remove

Negligence

Failure to exercise reasonable care for the safety of another person or his property, which that failure causes injury to such person or damage to such property

Elements involved in Negligent Actions

Breach of duty of care, proximate cause, injury

Good Samaritan Statutes

No negligence unless willful and wanton conduct

If you injure someone and leave them in harms way, are you required to help?

Yes; otherwise would be negligence

Licensee

Privilege to enter land via possessor's consent; must warn them of dangerous conditions on land which he knows about

Trespassor

Enters land without permission or privilege

Invitee

Public invitee or business visitor

Res Ipsa Loquitor

Thing speaks for itself"; no evidence/proof that someone was negligent, but something happened as if negligence occurred

But For test

But for defendant's negligent conduct, the plaintiff's injury would not have occurred

Defenses against Negligence

Contributory Negligence, comparative negligence, assumption of risk

Contributory Negligence

All or nothing (no recovery if even at 1% fault)

Pure Comparative Negligence

Loss is allocated based on % at fault

Modified Comparative Negligence

Loss allocated if less at fault than defendant

Assumption of Risk

Voluntarily, knowingly assuming the risk

Strict Liability

Abnormally dangerous activity, keeping of animals, selling defective, unreasonably dangerous products