TORTS OUTLINE

I. NEGLIGENCE: 4 elements

1) Duty-

Reasonable Person Standard

 Professional –

 Child –

 Exception -

 Parent –
 Duty to Aid -

 Unless Special Relationships -

 Entering Another’s Land -

 Unknown Trespasser

 Known Trespasser/Licensee

 Invitee
2) Breach

3) Causation – Actual Cause – But for Test

 Proximate Cause – Foreseeable

 Intervening Cause – Separate act which does NOT cut off

liability = foreseeable

 Superseding Cause - Separate act so unforeseeable it DOES

cut off liability:

A) Act of G-D
B) Intentional Tort
C) Criminal Acts
4) Damages – Physical Harm required

DEFENSES:

 Contributory Neg – Plaintiff even 1% liable BARS recovery

Last Clear Chance:

 Pure Compare - Plaintiff recovery reduced by % of his fault

 Modified/Modern Comp.- Plaintiff more than 50% liable cannot recover

anything

 Assumption of Risk – Plaintiff UNDERSTANDS and APPRECIATES

risk and goes ahead anyway
 JOINT AND SEVERAL LIABILITY –

 Contribution –

 VICARIOUS LIABILITY –

 Independent Contractor –

 Indemnification –
II. NEGLIGENCE PER SE –

1) Violation of a statute

2) Plaintiff part of protected CLASS

3) Harm caused is type Statute was designed to protect

III. RES IPSA –

1) Act which would not occur absent negligence

2) Def. has control of property = INFERENCE of NEGLIGENCE

 Look for MOTION FOR DIRECTED VERDICT or SUMMARY JUDGEMENT….is

there any evidence from the facts of negligence?

 ***** Answer choice includes language of what a JURY must find, infer,
conclude, etc.
IV. STRICT LIABILITY – Def. liable if engaged in 2 activities:

1) Wild animals – Injury is from Animal itself, or because it’s a Wild animal!
(Fear)

2) Abnormally Dangerous Activity - Blasting, Explosives...Dangerous,

Hazardous, etc. Chemicals

 Defense: ASSUMPTION OF RISK

V. PRODUCTS LIABILITY- Bought something, its broken…3 theories to sue:

1) Strict Product Liability – Product defective when it left factory, sold by seller
engaged in business of selling product, sold to foreseeable user who used it in
manner it was intended (can sue anyone in chain)

OR - ** Inadequate Warning

 Defense - Assumption of Risk

2) NEGLIGENCE – Someone in chain of selling (i.e., Retailer, manufacturer,

etc.) failed to do something they were supposed to do

3) WARRANTY – There was a Label, Sticker, something in writing promising

how product would work
VI. INTENTIONAL TORTS

1) Battery – Intentional, Harmful or Offensive Contact of another or anything

connected to that person.

2) Assault – Intentional placing one in reasonable Apprehension of an

imminent harmful or offensive contact.

3) Trespass – Intentional Entering Land of Another vs. Negligent Trespass

(Damage land)

4) Trespass/Chattel – Intentional Interference with Others Property (Damage

is usage, or Actual Damage)

5) Conversion- Intentional Converting Others Property (Damage is fair market

value at time of Conversion)

6) Intentional Infliction Emotional Distress – Intentional or Reckless, extreme

and Outrageous Conduct causing Severe Emotional Distress (No actual
harm)
  3rd party – Present, is a close family relative, def aware 3 rd party is
there, suffers emotional distress OR 3 rd party present and suffers
actual harm.
7) False Imprisonment – Intentional Confinement in a bounded area, no
means of escape, and person knows they are being confined.

 Exception - Shopkeeper Priv.:

 *** Neg Infliction of Emotional Distress – Negligent conduct

causing severe
emotional distress & PHYSICAL HARM, plaintiff in Zone of danger

 3rd party- close relative, present and suffers emotional harm

Defenses

1) Consent –

2) Self Defense - Reasonable under circumstances, only use equal amt. of

force

3) Defense of Others –

4) Defense of Property - Never use deadly force

5) Necessity - Private –

Public –
Transferred Intent
VII. DEFAMATION - Negative Statement concerning Plaintiff which hurts their
reputation, and it is published (3 rd party hears and understands) causing
damage

 If statement is Defamatory, look at who is being defamed?

 Private person – Def must act with NEGLIGENCE as to

Truth

VS.

 Public Person –Def must act w/MALICE as to truth (i.e.

RECKLESS DISREGARD)

LIBEL - written, NO special damages required (money damages)

SLANDER – spoken - special damages required

SLANDER PER SE - 4 types - No special damages required

1) profession or trade
2) loathsome disease
 3) lack of chastity of a woman
4) serious crime
DEFENSES:

TRUTH

PRIV.

 Absolute - official proceedings

 Qualified – matter of public interest…

 Stated honestly and reasonable belief that was true

 VIII. NUISANCE

 Private Nuisance – Unreasonable Interference with the USE and

ENJOYMENT of someone’s property. (Must be unreasonable to an
OBJECTIVE person)

 Public Nuisance – Entire Community……brought by public official, look for

Special Damages

IX. INVASION OF PRIVACY

 False Light – Not true

 Appropriation –

 Public Disclosure of Private Facts –

 Intrusion Upon Seclusion –

X. MISREPRESENATION - Fraud and Deceit

 Intentional – intentional statement of material fact that person knew or should

have known (scienter) could be false to induce detrimental reliance causing
damage.

 Negligent – Look for special relationship