Law chapter 4

Unintentional torts: Negligence - Proximate cause

"Legal cause" Proximate cause is said to exist when the connection between defendant's act and plaintiff's injury is so strong we can impose liability on defendant

Intentional torts: Invasion of privacy - Four types

- Appropriation - Intrusion - False light - Disclosure

Unintentional torts: Negligence - Assumption of the risk

-A doctrine under which a plaintiff who knowingly enters a risky situation will not be entitled to recover -Requires 1. knowledge of the risk 2. voluntary assumption of the risk

Intentional torts: Defamation - Elements

-A false statement of fact -Spoken or published to a third party -That causes injury to another's reputation

Intentional torts: Assault and battery - elements

-Any intentional word or act -That creates in another person -A reasonable apprehension -Of immediate harmful or offensive contact

Unintentional torts: Negligence - Defenses

-Assumption of the risk -Contributory negligence -Comparative negligence

Unintentional torts: Negligence - Causation two types

-Causation in fact -Proximate cause *Both are required

Intentional torts: Assault and battery - Defenses

-Consent -Self-defense -Defense of others -Defense of property

Unintentional torts: Negligence - Elements

-Defendant owed a duty of care to the plaintiff -Defendant failed to exercise ordinary care (breach of the duty of care) -Defendant's failure caused plaintiff's injury (causation) -Plaintiff suffered damage

Intentional torts: Infliction of emotional distress - Elements

-Intentional -Extreme and outrageous conduct -Which results in severe emotional distress to another

Intentional torts: Fraud - Elements

-Misrepresentation of fact -With knowledge the statement is false -With intent to introduce reliance by plaintiff -Justifiable reliance by plaintiff -Damages suffered by plaintiff as a result of the misrepresentation

Intentional torts: Trespass to land - Defenses

-Permission -Entry was made in order to assist someone in danger

Intentional torts: False imprisonment - Defenses

-Probable cause for reasonable detention - shopkeeper's privilege -Consent

Intentional torts: Trespass to land - Elements

-The entry -Onto the land of another -Without the owner's permission

Intentional torts: False imprisonment - Elements

-The intentional -Confinement or restraint of another -Without justification

Intentional torts: Invasion of privacy - Appropriation elements

-The use of a person's name, likeness or other identifying characteristic (voice) -Without permission -For the benefit of the user

Intentional torts: Trespass to property and conversion - Elements of trespass to property

-The wrongful taking -Of the personal property of another -Which interferes with the owner's use and enjoyment of the property

Intentional torts: Trespass to property and conversion - Elements of conversion

-The wrongful taking -Of the personal property of another -Which seriously interferes with the owner's use and enjoyment of the property

Intentional torts: Defamation - Defenses

-Truth -Privilege -Absolute privilege -Qualified privilege

Intentional torts: Infliction of emotional distress - What does this tort collide with frequently?

1st ammenment

Intentional torts: Assault and battery - Defense of others

A defendant can act in a reasonable manner to protect others who are in real or apparent danger

Intentional torts: Defamation - Privilege

A legal dense to a defamation claim based upon overriding considerations of public interest

Intentional torts: Defense

A legal reason why defendant should not be reasonable/liable for a tort. It is up to the defendant to raise whatever defenses he has in the lawsuit

Unintentional torts: Negligence - Contributory negligence

A theory under which a plaintiff's own negligence contributed to or caused his own injuries

Unintentional torts: Negligence - Comparative negligence

A theory under which the liability for injuries resulting from negligent acts is proportionately shared by all persons who were guilty of negligence

Intentional torts: Defamation - Truth

Absolute defense

Unintentional torts: Negligence - Causation in fact

An act or omission on the part of defendant without which plaintiff's injury would not have occurred. "But for" defendant's act, plaintiff would not have been injured

Intentional torts: Assault and battery - What makes it a battery?

Any unexcused harmful or offensive contact with another person. A completed assault

Unintentional torts: Negligence - Implied assumption of the risk

Applies where the activity is so inherently dangerous that we can imply that plaintiff knew the activity was risky

Torts

Breach of the legal duty that proximately causes harm or injury to another

Intentional torts: Assault and battery - What does intentional mean?

By intentional, we refer to the intent to commit the act, not the intent to bring about the harmful or offensive result

Intentional torts: Trespass to land - Attractive nuisance rule

Child trespassers who wander onto the property of another due to an attractive nuisance (ex. pool) may under some circumstances hold the owner liable

Intentional torts: Defamation - Published definition

Communicated to a person other than the defendant

Intentional torts: Infliction of emotional distress - What is extreme and outrageous

Conduct that exceeds the bounds of decency accepted by society

Intentional torts: Invasion of privacy - False light

Depicting plaintiff in a false light - attributing words/ideas to plaintiff that are not accurate

Intentional torts: Invasion of privacy - Disclosure

Disclosure of private facts about plaintiff that an ordinary person would find objectionable Ex. Newspaper account of a private person's financial affairs

Intentional torts: Examining a specific tort

First, look to see whether the defendant committed each element of the tort Next, look to see if defendant has any valid defenses to assert which may relive him of liability

Intentional torts: Defamation - Actual malice

If the statement is about a public official, actual malice must be proven. This means that knowledge of falsity or reckless disregard for the truth occurred

Unintentional torts: Negligence - Compensatory damages

Intended to compensate plaintiff for his or her injuries

Unintentional torts: Negligence - Punitive

Intended to punish defendant for his or her conduct and deter future wrongdoing

Types of torts

Intentional Unintentional (negligence) Strict liability torts

Intentional torts: Invasion of privacy - Intrusion

Intrusion of a place in which plaintiff has a reasonable expectation of privacy

Unintentional torts: Negligence - Damage

Law requires you to have suffered injury because the suit is all about compensating you for the injury

Intentional torts: Defamation - Two types

Libel- written defamation (or other permanent form - video) Slander- spoken defamation

Intentional torts: Infliction of emotional distress - Proof of severe emotional distress

Most courts require proof with medical testimony Ex. plaintiff can't sleep, has palpitations, takes medication as a result of the event

Intentional torts: False imprisonment - Probable cause for reasonable detention

Must be a reasonable detention for a reasonable length of time. Probable cause means that it is more likely than not that defendant was stealing

Intentional torts: Trespass to property and conversion - Defenses

Necessity - Where defendant takes property in order to protect himself or the public

Intentional torts: Trespass to land - Is harm to the land required?

No the right we are protecting is the right of exclusive use and possession of property

Intentional torts: Trespass to land - Reasonable force

Owners may use reasonable force to remove a trespasser

Intentional torts: Tortfeasor

Person who commits a tort

Intentional torts: False imprisonment - What type of restraint will qualify?

Physical barrier? Yes No physical barrier but threat of injury? Yes Threat of future harm? No. Only threats of imminent harm will do

Intentional torts: Assault and battery - Consent

Plaintiff consented to touching (ex. surgery)

Intentional torts: False imprisonment - Consent

Plaintiff must be confirmed against his will. If plaintiff consents to the imprisonment, there is no tort

Intentional torts: Assault and battery - Defense of property

Reasonable force can be used to remove intruders from your home, although deadly force may never be used just to protect property

Intentional torts: Fraud - What about silence?

Silence can be a misrepresentation where there is a duty to speak

Intentional torts: Defamation - Qualified privilege

Statements made about public figures that are published in the press

Intentional torts: Defamation - Absolute privilege

Statements made by public officials in the course of their duties Ex. lawyers in court, congressman on the floor of the senate

Intentional torts: Defamation - Slanderous per se

Statements that do not require the plaintiff to prove harm to reputation - Plaintiff has a loathsome disease -Plaintiff conducted himself improperly in the conduct of his business -Plaintiff has committed or has been imprisoned for a serious crime -An unmarried woman is unchaste

Unintentional torts: Negligence - Duty of care

The duty of all persons to exercise a reasonable amount of care in their dealings with others. Law says that we owe a duty of care to every member of society

Intentional torts: Trespass to property and conversion - Subcategory of tort - Invasion of privacy

The right of privacy includes exclusive right to use/benefit from one's identity or persona

Intentional torts: Damage definitions

To person: Physical injury or restriction of physical freedom To property: Real and personal To intangible interests: Privacy, family relations, reputation/dignity

Intentional torts: Trespass to property and conversion - Definitions

Trespass to property - involves a small interference with a person's ownership interest in the property Conversion - involves an act which seriously interferes with that person's ownership interest in the property

Intentional torts: Trespass to land - Reasonable duty of care

Trespassers cannot sue property owners for damages they sustain while trespassing. Owners can not have for instance wild dogs on their property

Unintentional torts: Negligence - How do we define this duty of care?

We must exercise the degree of care that a reasonable person would use under similar circumstances

Intentional torts: Assault and battery - Self-defense

Where a defendant perceives real or apparent danger to his safety, he can use whatever degree of force is reasonably necessary to protect himself

Unintentional torts: Negligence - Strict liability

Where strict liability is imposed, there is liability without any fault on the part of the defendant. No intent. No negligence

Unintentional torts: Negligence - Test for proximate cause

Whether the injury to the plaintiff was foreseeable

Unintentional torts: Negligence - Assumption of the risk - Exceptions

Workplace hazards - employee can not voluntarily assume the risk of their environment - they are entitled to worker's compensation regardless of whether they knew the job was risky

Unintentional torts: Negligence - Express assumption of the risk

Written agreement whereby plaintiff assumes risk

Intentional torts: Definition

Wrongful act knowingly committed

Intentional torts: Trespass to land - Permission

You are not a trespasser if you were invited onto the property. You become a trespasser as soon as the owner asks you to leave and you do not