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Torts Outline |
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2007/4/13 (2:32) |
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Torts Outline
I. Intentional Torts to Persons
1. Battery: Act
Intent
Harmful or offensive touching
Causation
Daqmages
2. Assault: Act
Intent
Apprehention
Causation
Damages
3. False Imprisonment
Act
Intent
Confinement
Causation
Damages
4. Intentional Infliction of Emotional Distress
Act
Intent
Causation
Severe emotional distress
Defenses
Damages
3. Defenses: Consent
Self-defense
Defense of third persons
Defense of land or chattels
II. Torts to Property
1. Trespass to Land: Act
Intent
Intrusion on land
Actual or immediate possession
Causation
Damages
2. Trespass to Chattels: Act
Intent
Invasion of chattel interest
Possessionor immediate possession
Causation
Damages
3. Conversion of Chattels
4. Defenses: Consent
Privileged invasion to reclaim chattels
Privilige to exclude or evict trespassing chattels of another
Privilege for public necessity/private necessity
Privilege for abating nuisance
III. Negligence
1. Act or Omission of Act
2. Duty of due Care: reasonable person standard
3. Breach of Duty
4. Actual Cause (Cause in Fact)
5. Proximate Cause (Legal Cause)
6. Damages
7. Special Duty Issues: Duties measured by statutes
Duty to aid in emergency
Affirmative duty to prevent harm
Duty to perform promises(nonfeasance/misfeasance)
Duty owed by common carrier
Duty to control third persons
Duty owed by land occupiers
Duty owed by entrants on another¡¯s land
Duty owed by lessors of land
Duty owed by sellers of land
Duty owed by bailors of chattels
Duty relating to emotional distress
8. Defenses to Negligence: Contributory negligence
Comparative negligence
Assumption of risk
9. Effect of Liability Insurance
IV. Strict Liability
1. Animals
2. Abnormally Dangerous Activities
3. Extent of Liability
4. Defenses
V. Products Liability
1. Intentional Tort
2. Negligence
3. Strict liability: Rational
Manufacturing defects, design defects, inadequate warnings
Scope of liability
4. Defenses to Strict Tort liability: Contributory negligence
Comparative negligence
Assumption of risk
5. Liability Based on Breach of Warranty
VI. Nuisance
1. Private vs Public Nuisance
2. Substantial and Unreasonable Harm
3. Causation
4. Remedies
5. Defenses
VII. Factors Affecting Right to Sue
1. Survival of Tort Actions
2. Wrongful Death
3. Injuries to Family Members
4. Tort Immunity: Intra-family/Governmental sovereign immunity
5. Release and Contribution among Joint Tortfeasors
6. Indemnity
IX. Statutory Changes in Personal Injury Law:
1. Workmen¡¯s Comp
2. Medical Malpractice
X. Defamation
1. Publication to a Third Party
2. Harm to Reputation: defamatory meaning/of and concerning P
3. False Facts
4. Causation
5. Damages
6. Defenses: consent, truth, privileges
7. Constitutional Privileges
XI. Wrongful Invasion of Privacy
1. Intrusions into Private Life or Affairs
2. Public Disclosure of Private Facts
3. Appropriation of Name/Likeness
4. Publicity Placing P in False Light
XI. Other Torts
1. Misrepresentation: Intentional vs Negligent
2. Injurious Falsehood(Fraud and Deceit)
3. Interference with Contractual Relations
4. Interference with Prospective Economic Advantage
5. Malicious Prosecution/Civil Proceedings(Abuse of Process)
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