1) trespass of chattels

2) intentional infliction of emotional distress

1) Special relationship (parent-child; employer-employee; innkeeper-guest; common carrier-passenger)

2) D caused the peril, and did not help

3) D started rescue, quit, and P is worse off.

 4) duty to control dangerous employees or out of control deliquents (giving kid a gun)

1) normally for battery assault

2) an intent to commit one tort may be transferred to another tort and/or an intent to commit a tort against one person may be transferred to another

1)Against person

a) battery

b) assault

c) false imprisonment

d) IIED

2) Property a) trespass to land b) trespass to chattel c) conversion

1) intent to bring about

2) harmful or offensive touching (no harm)

3) Causation

1) can be touching of person or

2) anyting attached to person (car, purse)

3) can use instrument to touch (bullet, rock, pushing person)

1) intent by D

2) to cause reasonable belief (no fear needed)

 3) of an immediate battery

1) intent of D

2) to confine or restrain P to (P must know of confinement; omission may be confinement; phsyical barriers or force or threats of immediate force to P, P's property, or P's family)

3) a bounded area (bounded on all sides; no reasonable or known means of escape)

4) causation

1) shopkeeper's defense (reasonable manner and reasonable amt of time)

2) false imprisonment

1) citizen (reasonable belief and felony in fact occurred) police (reasonable belief that felony occurred)

2) false arrest for citizen - felony has occurred

1) extreme and outrageous conduct by D (reckless collection efforts, corpses)

2) Damages - P must suffer severe emotional distress- depression, look for doctor's care (no touching or physical ailments, heartattacks, vomiting, necessary)

1) no

2) a) frequently repeated b) P is child, pregnant, or elderly c) D is an innkeeper or common carrier and P is guest or passenger

1) Yes,

1) if D injured the other person for the purpose of causing P emotional distress AND

2) if P and injured person are close relatives AND 3) P was present when person was injured AND

4) D knew both of these facts

1) Trespass to chattels

2) Trespass to Property

3) Conversion

1) intent (to act) by D to (mistake of ownership not defense)

2) interfere with or damage P's personal property 3) causation

4) damages (IIED) FRV for rental value or cost of repair

1) intent by D to

2) interfere with or damage P's personal property (very serious)

3) Causation

4)Damages - forced sale at time of conversion FMV

1) Consent

2) Self Defense, Defense to Others, Defense of Property

3) Necessity (public and private)

1)express

2)Implied (conduct or custom) but Consider Scope of Consent!!! a)sporting events

3) capacity required!!

1) Reasonable belief that tort is being committed or about to be committed

2)D does not have to be right; just a reasonable belief

3) NO duty to retreat

1)Public Necessity - fire approaching town- no tort, no liability

2)Private necessity - boat from storm- No tort, But incurs liability.

1) Intent by D to (intent to enter, not trespass or wrongfully enter)

2) commit an act of physical invasion (wrongful entrance, staying on, or throwing an object-bullet)

3) of P's land (above land and below)

Defamation? (heavily tested)

1)Defamatory language by D

2)Of or concerning the P

3)Publication to 3rd person

4)Damage to P's reputation

Defamation

1)How is defamatory language proved?

1)Language concern facts or opinion based on facts, NOT opinions

2)Would a reasonable person think language was defamatory?

3)May have to interpret using inducement (extrinsic facts) and innuendo (making inference)

Defamation

2)How do is Of or concerning P proved?

1)Would a reasonable person believe language was about P?

2) May have to use colloquium.

Defamation

3)Publication by D?

1)Publication to 3rd person

2)3rd person must understand it (be able to hear or speak English)

3)Can be intentionally or negligently made

4)The original publisher will be liable if he intended for republicatio or republication was forseeable

Defamation

4)Damage to P's reputation is proved how?

1)for libel and slander per se, damages are presumed a)statement about profession or business b)statement imputing a crime moral terp c)statement imputing loathsome disease d)statement imputing unchast. of woman

2)for other types of slander, damages must be proven

1)Truth

2)Consent

3)Absolute privileges - statements by legislators on the floor; statements made in judicial proceedings if related to the proceeding; statements between spouses

4)Qualified privileges - job references (lost if false statement is made intentionally, recklessly, maliciously, or over publishes statement

1)D made a defamatory statement

 a) facts, not opinions

 b)inducement and innuendo

2)about P - colloquium

3)published by D- understand, republication

4)damages-libel, slander per se, slander

If matter is of public concern with private person, who has the burden to prove what?

1) Burden shifts to P to prove fault

2) If private person, P must prove

 a)defamatory statement about P

 b)published by D

 c)the statement was false

 d)the statement was made negligently

 e)actual damages (prove malice and get punitive damages)

1)P has the burden of proving fault

 a)defamatory statement about P

 b)published by D

 c)P must prove malice

Four Privacy Torts?

1)misappropriation of P's name or likeness

 a)only for commercial use to advertise goods

2)Intrusion into P's home, office, auto

3)Publication of P in false light

 a)placing name on petition to place in false lt.

4)Publication of private facts

 a)must be in public (strip clubs)

Intentional Misrepresentation?

!The more professional, less leadway in puffery!

1)D made a statement of material fact (not opinion)

2)knowing it was false or reckless disregard

3)intending for P to rely on statement

4)P was justified in relying

5)such reliance caused damage

!Damage is what you were promised or warranted to get!!

1)Public

 a)normally for attorney general

 b)interferes w/community at large

2)Private nuisance - more likely

 a)causes a substantial and unreasonable interference with P's average, normal use of land

 b) court will balance your interest with business interest (no balancing if nuisance is out of spite, court will rid nuisance)

 c) you can move to nuisance and get rid of it - coming to nuisance

Negligence?

1)Duty

2)Breach

3)Causation

4)Damages