Tort Interest protected Elements

BATTERY Inviolability of person 1.Intent 2.Harmful or offensive (bodily contact is offensive if it offends a reasonable sense of personal dignity) 3.Contact with person of

ASSAULT Inviolability of person 1.Intent 2.Imminent apprehension 3.Harmful or offensive contact with person

F.I. Freedom and autonomy 1.Intent 2.Confinement 3.Awarenessor harm

TTL Right to sole possession of land 1.Intent 2.Enter, remain, or leave behind 3.s right to possession of land

TTC Right to possess and control property 1.Intent 2.Interfer-ence 3.s right to possession 4.personal property 5.Harm, disposess deprive

CNV Right to possess and control property 1.Intent 2.Significantinterfer-ence 3.s right to possession 4.personal property

IIED Right to avoid unnecessary, severe distress 1.Intent or recklessness 2.Extreme and outrageous conduct 3.Severe emotion-al distress

Intent to cause battery Intent to Voluntarily Intent to Intent to exercise Knowinglyor recklessly or apprehension of confine exercisedominion or dominion or control battery control Consent Apparent (implied), Induced by mistake (substantial mistake as to nature of invasion AND knew and/or tricked), Illegal Activity (Majority C not effective, can sue; Minority C to illegal act usually effective except statute to protect innocent class; cannot sue) Medical Treatment (3 Prong - P of Emerg.: 1. incapable of providing consent AND 2. emergency not time to wait for consent AND 3. reasonably believes would consent if capable) Mistake of Fact Intentional Tort - Apparent consent ( reasonably believes consented), DEFENSE - Apparent Danger (defense of self or property if reasonable believes such force is necessary). Privilege - P of arrest (witnessed felony, knows felony committed reasonably believes person committed it), Shopkeepers P (in a reasonable manner for a reasonable amount of time) Self Defense/Defense of Others Imminence, apparent danger (mistake can be okay) 2 Qs: deadly/non-deadly force? Defending person or property? Duty to Retreat/Exhaust Alternatives Retreat if possible, if you can do so safely, before using deadly force; try everything else first, dont use excessive force (HOME exception) Defense of Property Exhaust Alternatives/Duty to Warn (demand intruder leave before using any force) NO deadly force allowed. Private Necessity - In an emergency threatening person or property privilege to trespass and cause damage if reasonably nec. (pay for damage) Owner liable if interferes/no priv. if u caused emerg. Public Necessity - In an emergency threatening the person or property of a substantial amount of people privilege to trespass and cause damage if reasonably nec. (doesnt pay for damage) Nuisance PF: One is liable for a private nuisance if one causes substantial interference with s right to use or enjoyment of land. Assess s right in land Determine if substantial (substantial interference AND Level of intent required 1.ownership OR 1. the utility of the conduct is outweighed by the harm OR 1. Intentional (spitefully or substantially certain to interfere) OR 2. right to use land 2. suffers serious harm & compensating would not put out 2. Negligence OR of work) 3. No intent or negligence but the activity is abnormally dangerous) PF Case for Defamation ( has burden to show stmnt is both defamatory & false) must show : made a defamatory statement 1. What specific facts (if any) are impliedly or expressly asserted? Intentional torts civil wrongs where a tortfeasor acts with the intent to cause - Are the express or implied facts provably false? Not provably false? Hyperbolie some consequence. (IC Intended Consequence) 2. Would claiming these facts to be true arouse outrage, scorn, obloquy or Intent desire, substantial certainty, transferred intent (T to T, V to V) (No T.I. shame against ? in Conversion or IIED) 3. Are the views of that substantial minority respectable? (Rat in Act Voluntary act (involuntary self pres., seizure) prisondefamed) Misrepresentation of or concerning the plaintiff expressly named OR reasonably understood to be re: OR refer to small group Fraud 1.) Misrepresentation by , 2.) Scienter knowing falsity, 3.) Intent to of which is part induce reliance, 4.) Justifiable by , 5.) Damage which was published to a third party Person other than had to hear and understand Negligent Misrepresentation - 1.) Misrepresentation by , 2.) negligently Publisher (regardless if knew it as false) provided or communicated the representation, 3.) In the course of business, - Person who communicates defamation to 3rd party employment, or transaction, 4.) Justifiable reliance by , 5.) Damage - Anyone who re-publishes defamation. Consumer Fraud 1.) False promise, 2.) Made in connection w/ sale or Passive publishers: advertisement of merchandise, 3.) Justifiable reliance by , 4.) Damage - Place stmnt. where others likely to view. Interference Torts - Unreasonably leave stmnt. written by another on s building or chattels (damage Interference with Business Relations 1.) Economic relationship btwn and v. cost to remove) 3rd part with prospective economic benefit, 2.) knew of the relationship, 3.) - Publish it to when knows or should know will have to disclose (job ref. intentional acts designed to disrupt, 4.) Actual disruption, 5.) Economic harm to -Overcast v. Billings). proximately caused by s act DEFENSE: Fair Competition where acted Not Publisher properly - Persons who merely distribute or transmit the statement Interference with Contract 1.) Existence of valid contract 2.) s knowledge of - Web sites not liable for 3rd party postings contract 3.) s intentional acts induced to breach/disrupt 4.) Damage (In AZ, must prove acted improperly) that plaintiff suffered special Was the statement written down or otherwise in a permanent or far-reaching form? damages (Libel) Does the slander qualify as slander per se?

What does Intent mean?

Intent to cause contact

1. Conditionally privileged? Common Interest: reasonably believes another who shares common interest is entitled to know Recipients Interest: reasonably believes info affects recipients interest; under legal duty to publish, OR Publication within standards of decent conduct. Publishers Interest: reasonably believes info protects his sufficiently important interest; Info will help in lawful protection of that interest Fair report: If accurate and complete report or fair abridgement of official proceeding or public meeting re: matter of public concern RUMORS: Not Cond. Privileged! Republishing can be defamatory! A relays rumor to B b/c common interest priv. if all common int. elemnts met.

2. If yes, was privilege lost? a. knew stmnt. Was false OR acted with reckless disregard-entertained serious doubts (Actual Malice) b. motivated by malice or ill-will (Express Malice) c. Published more info or to more people than necessary Special Rule for Rumors: Not abuse of priv. to repeat rumor if: 1.you identify it as a rumor AND 2.the circumstances suggest that repeating the rumor is reasonable.

3. Absolute Privilege? a. 3 branches of govt privilege as long as said in context of official conduct b. Truth c. Husband and wife

Re: Constitutional Prvilege Public Concern: fairly considered as relating to any matter of political, social, or other concern to the community, OR a subject of legitimate news interest; subject of gen. interest and of value and concern to the public. - Snyder v. Phelps

4. Constitutional privilege? civil liability for exercising free speech Stmnts. Re: public figures Privileged ( cannot recover) if: 1.Matter of public concern, and 2. cannot show acted with actual malice Stmnts. Re: private figures The statement is privileged ( cannot recover) if: 1. Matter of public concern, and 2. cannot show acted with at least negligence Even if not Privileged= If Public Concern cant recover presumed or pun. Dmgs. w/o showing acted w/ Actual Malice.

Strict Liability for Animals a. Animal Wild or Tame? Wild - SL for harm done (person, land, chattel) despite s every precaution LIMITATION : Harm must be characteristic of animals class OR Possessor () had reason to know or knew of propensity for harm Tame s liable knows or should know domestic animal has dangerous propensity abnormal to its class despite s level of care LIMITATION: Liability limited to risk knew of b. Elements of SL Animals

Damages Does need to prove damages to make a PF case? No damages must be shown Battery, assault, false imprisonment, trespass to land, conversion Defamation, False Light, Disclosure of Private Facts, Intrusion upon Seclusion, Appropriation of Name of Likeness Physical harm or property damage Trespass to chattels; Emotional distress or reputational harm; IIED, defamation (unless liability or slander per se) Economic /Business loss Fraud, negligent misrepresentation, consumer fraud, Interference with Economic Advantage, Interference with contract Recovery If prevails, what damages can seek? Economic loss medical expenses, lost earnings Pain and suffering past and future physical pain, mental anguish, humiliation, shock Hedonistic damages loss of enjoyment of life Punitive damages -

i. ii. iii. i. ii. iii. iv.

SL Activity Did engage in activity that imposes SL? Cause in Fact Was s activity cause of s harm? Type of Harm Animals was harm suffered result of dangerous quality of species

iv.

Damages Did suffer damages Strict Liability Abnormal Dangerous Activity - Elements

SL Activity Did engage in activity that imposes SL? Cause in Fact Was s activity cause of s harm? Type of Harm Animals was harm suffered associated with SL activity

Damages Did suffer damages Factors: 1.) high degree of risk of harm to other person, land, or chattels, 2.) potential greatness of harm, 3.) reasonable care doesnt eliminate risk, 4.) common usage, 5.) inappropriateness of place where act occurs, AND 6.) value to community v. dangerous attributes 1. DEFENSES to Strict Liability Assumption of Risk assumes risk only when knowingly AND voluntarily encounters a risk of harm Vicarious Liability Respondeat Superior Generally holds employers SL for tort committed by employees in the course of their work Scope of employment only if tort is actuated at least in part, by a purpose to serve the master