Tort and Defenses to Torts

An interference with someone's person or property resulting in injury to that person or property

Distinction is the interests affected and how the actor is held accountable. Torts can have contract consequences and can be criminal acts

Tort law protects private interests whereas criminal law protects the interests of the state

Tort law provides for private recovery whereas criminal law provides for public punishment

A tort is determined by civil law and a crime by criminal law

by the actors conduct (intentional, unintentional, strict liability)

Person intends an act which will invade another's interest and either knows or should know that there is an appreciable risk to another

harmful motive is not required

Consent: Permission freely given or reasonably implied. Did the act exceed the permission or consent?

Privilege: A right to engage in certain behavior arising from relationship or circumstance

Assault
Battery
False Imprisonment and False Arrest
Intentional Infliction of Mental Distress
Defamation
Invasion of Privacy
Conversion (Civil Theft)
Fraud
Bad Faith

An intentional unprivileged un-permitted harmful or offensive contact by another

An intentional, unexcused act that creates in the mind of another person a reasonable apprehension or fear of an immediate harmful or offensive touching

Unprivileged, unpermitted confinement of another within boundaries of the wrongdoer's making
confinement can be through threats or physical barriers

Allows a shopkeeper to detain a person to investigate a possible shoplifting protecting from legal responsibility for the torts of false imprisonment, assault, battery, emotional distress, defamation, etc.


must have probable cause someone committed the act and detain in a reasonable and timely manner

Extreme or outrageous behavior resulting in severe emotional distress to another

harsh words are not enough
an emotional assault

Invasion of the interest in ones reputation
(talking shit about someone with no proof or basis)

Writing, printing, picture, effigy, or other fixed representation to the eye

Oral statements and gestures. Radio and other mechanical communications are slander in some states and in others libel

Publication - Communicated to a third person
Statement about a particular person
Defamatory character
Damages

truth is absolute defense

absolute privilege such as judges, legislators, attorneys in court

Unreasonable interference with another's privacy. A person generally has a reasonable right to solitude and freedom from prying public eyes

Intentional interference with possession or physical condition of personal property (a chattel) in the possession of another

Tangible or intangible property
Actual interference
PL need not be the true owner just prior possessor
Wrongful intent is not required

Trespass that is a wrongful exercise of dominion and control over personal property of another sufficient to deprive the owner or possessor of the substantial value of the property

(forcing someone to sell you or give you something)

An intentional misrepresentation of a material fact which is justifiably relied upon by another to their damage

More than mere puffery, or seller's talk must occur
Untrue facts
Intent to induce another to rely
Communication
Justifiable reliance by victim
Damages suffered

Deliberate failure to fulfill some duty or contractual obligation owed to another
(example is insurance company deliberately not handling a lawful claim)

An unintentional failure to exercise reasonable care under circumstances in which a foreseeable risk to another is created resulting in injury

Duty or obligation recognized by law to conform to a certain degree of care
Breach of the duty
Breach of the duty is the "cause in fact" of the harm
Proximate cause of the injury
Resulting damages

Obligation (duty) recognized by law, that each person must act in a way that does not create an unreasonable risk of harm to others

Reasonable person test - did the person act as a reasonable person would have acted under the same or similar circumstances?

age, relationships, and statutes affect the test

protects strangers who are trying to give a stranger assistance from any sort of civil damages from acts they make to try and help the individual

A failure to conform the standard required

the actual causation of an injury
usually means someone did something wrong that ended up with a second party becoming hurt

Proximate cause limits liability to the foreseeable consequences of one's acts

Invasion to another's real property without consent or privilege. Specific rights and duties apply once a person is established as a trespasser

trespasser assumes risks of the premises except attractive nuisance and duty to warm of known dangers

Duty of reasonable care
Warn of known dangerous conditions

Highest duty owed by owner or possessor
Land possessor should know or discover dangerous conditions
Exercise reasonable care to protect invitees against danger
Generally not responsible for natural conditions on land

harm must be incurred for negligence to exist

Sum of money awarded to compensate the PL for the injury suffered - purpose is to restore the injured person (as nearly as possible) to his or her former position or the money equivalent

Objectively verifiable monetary losses including medical expenses, loss of earnings, hospital, doctor, damaged property, transportation charges and loss of business or employment opportunities

pain and suffering, humiliation: Subjective, losses including pain, suffering, inconvenience, mental suffering, emotional distress, and loss of society and companionship

Amount awarded to victim when someone has engaged in conduct that is outrageous. Purpose is to punish and hold the wrongdoer as an example
Oppression
fraud
Malice

Voluntary entry into a risky situation, knowing the risk involved

Allows for the discharge of damage verdicts against DFs except for willful and malicious injury to the person or property of another

An agreement between competent parties; based on genuine assent of the parties; supported by consideration; made for a lawful objective and in the form required by law

State Common Law

UCC applies if a transaction is a sale or lease of goods

Liability without fault: Person is liable, regardless of care exercised, for damages or injuries caused by his or her product or activity

Person who makes a promise

Person to whom a promise is made

Person who makes an offer to contract to another

Person to whom an offer to contract is made

Contract terms are expressly agreed to either orally or in writing

Manifested by conduct or body language

Not a real contract but a situation where the courts will enforce contract-like liability to avoid unjust enrichment by one party

a promise for a promise

a promise for an act

valid contract in which something remains to be done by either or both parties.

Competent Parties
Mutual agreement
Consideration
Genuine Assent
Legal
Proper form

minor
mental condition
intoxication