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Torts

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by

Detria Moore

on 17 March 2017

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Transcript of Torts

Torts
What is a Tort?
Definition- an act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability

2 categories: intentional and unintentional
Damages
Compensatory Damages
*Single Recovery Principle

Punitive Damages

Tort Reform
Business Torts
Interference with a K- When a defendant improperly influences a 3rd party to breach a K; 4 elements:
a valid K
defendant knew of K
defendant improperly induced 3rd party to breach K with plaintiff
plaintiff was injured

Interference with a Prospective Advantage

Violation of the Lanham Act- can't make false statements intended to hurt business (puffery doesn't count); 3 elements:
false/misleading statement
the false statement is used in commercial, ad, or promotion
statements created a likelihood of harm

Justification Defense
Intentional Torts
Defamation
Defamation- a false statement about someone's reputation

libel vs. slander

4 elements:
(1) defamatory statement
(2) falsity
(3) communicated
(4) injury

* Public person exception
False Imprisonment
Intentionally restraining another person without reasonable cause or consent

Key Words:
*Intentional
*Restraining
*W/O reasonable cause or consent
*(for an unreasonable time)
Intentional Inflection of Emotional Distress
allows recovery for emotional injuries

harm must be a result of outrageous/extreme behavior
Assault and Battery
Assault- reasonable apprehension of an imminent battery

Battery- an offensive or harmful, intentional touching of another
Trespass, Conversion, and Fraud
Trespass- intentionally entering someone's land with no invitation, or staying once you've been asked to leave

Conversion- stealing
(personal, not real)

Fraud- deliberately deceiving someone and causing them harm or injury
Unintentional Torts
Negligence pretty much makes up unintentional tort; also called the accidental tort

To win a negligence case, remember your A,B,C,D's, the 4 elements that must be proven:
A- a duty
B- breach of duty
C- causation (factual and proximate)
D- damages
A DUTY
Generally speaking, we each have a duty to act as a reasonable person would under the circumstances

The test is foreseeability

Special Duties:
Landowners to those injured on your property
trespassing adult
trespassing child
licensee
invitee
Professionals

Duty can also come from the law
Breach of Duty
Breach of duty- failing to do what you should have, or doing something you weren't supposed to do; action or inaction; didn't act reasonably

Negligence per se- when the law sets the duty
Causation
Causation- your breach caused my injury/harm

2 prongs:
(1) factual (but for...direct correlation)
(2) proximate (is it foreseeable?)

Res Ipsa Loquitur- "The Thing Speaks for Itself"
Damages
Damages- plaintiff must prove that they suffered genuine and measurable loss or harm.

Don't forge Single Recovery Principle
Defenses
Comparative Negligence

Contributory negligence

Assumption of the Risk
Strict Liability
strict liability- when activities are so naturally dangerous or products so defective, that a much higher level of liability is placed on any who engages in it

2 main areas:
* ultrahazardous activity
* defective products
Product Liability
Product liability- when products attack

1. Negligent Design
2. Negligent Manufacture
3. Failure to Warn
Strict Liability for defective products
Statute of Limitations and Statute of Repose
Statue of Limitations- case has to be brought in a specified time period or you are barred from bringing it
* When does the clock start ticking


Statute of Repose
?
Questions?
Full transcript