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Intentional Torts

Assault

  • Threatening to strike or harm with a weapon of physical movement, resulting in fear.

Battery

  • Unlawful, unprivileged touching of another

Trespass

  • Wrongful injury or interference w/ the property of another

3 Types of Torts

Nuisance

  • Anything that interferes with the enjoyment of life or property
  • Loud music, bad odors

Interference with Contractual Relations

  • Intentionally causing one person not to enter or break a contract with another

Deceit

  • False statement or deceptive practice done with intent to injure another

Conversion

  • Unauthorized taking or borrowing of personal property of another for use by the taker

1. Intentional Torts

2. Negligence

3. Strict Liability

False Imprisonment:

  • Unlawful restraint of a person, whether in prison or otherwise

Invasion of Privacy

  • Interference of person’s right to be left alone

Defamation

Assumption of Risk

The wrongful act of injuring another persons reputation by making false statements.

  • Slander (Spoken)
  • Libel (Written)

Ex. Going to a baseball game you assume the risk of getting hit by a ball or bat.

Survival vs Wrongful Death

Survival: allows lawsuits to be brought even if the plaintiff or defendant are deceased.

Wrongful Death: preserves the right of third parties affected by death to bring suit.

  • Death must be caused by negligence or an intentional act.

Strict Liability

To Be Legally Defamatory a Statement Must

Defenses to Negligence

Contributory

  • Negligence on the part of the plaintiff that assists in causing their injuries.
  • Does not matter how slight the plaintiffs negligence

Comparative:

  • The amount of each parties negligence is compared, then the plaintiff recovery is reduced by the percent of his/her negligence.
  • 50% RULE cancels out the settlement

1. Be False

2. Communicated to a third party

3. Bring the victim in disrespute, contempt, or ridicule by others.

Exceptions to Defamation Laws

Public officials, prominent personalities

Judges, lawyers, jurors etc.

Activities that are so dangerous, that if these activities injure someone or damage property, then the people engaged in those activities will be held liable, REGARDLESS of how careful they were.

Examples: Ultrahazardous activities (using explosives, keeping wild animals)

To Prove Negligence All of the following must be met:

1. Defendant owed a “duty of care” to the plaintiff

2. Breach of the duty (would a “reasonable” person do this)

3. Was the breach the PROXIMATE CAUSE

4. The Plaintiff suffered actual harm

Negligence

Failure to exercise the degree of care that a reasonable person would have exercised in the same circumstance (Being Stupid)

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