Torts

Defamation

the utterance of a falsehood to a third party which injures a persons reputation

Public Figure/Public Official

need 1st amendment to talk about them so plaintiff needs to prove constitutional malice that plaintiff knew it was false or recklessly disregard the truth. Compensatory Damages are presumed

Private Person

Someone who gets caught in the public concern, just have to prove it harmed you reputation

2 private people

Defendant has burden of proof to prove accuracy of the statement

Defamation Defenses

can’t be sued for things said in court, good faith, fair report privilege

Privacy

Misappropriation of name or likeness or identity, using you without permission to sell an item

Intrusion

going into a place where a person has a reop, going to a place you shouldn’t be to get a picture

Public Disclosure of Private Facts

Defendant gives publicity to private facts about the plaintiff that would be highly offensive to a reasonable person and not of public concern

False Light

When material is publicized that offensively creates a false perception of plaintiff

Misrepresentation (express warranty)

1- defendant makes intentional misrepresentation 2- of material fact 3- intend to and does induce justifiable reliance 4- proximate cause 5) pecuniary harm

Injurious Falsehood

A falsehood that damages someone's business or causes a loss of business , false facts are used, it may also qualify as libel. Additionally, if someone knowingly lies about another’s business, and they are the sole owner this could lead to claims of defamation, injurious falsehood, and intentional misrepresentation.

Interference with contract

Defendant needs to know there was a contract and taking steps to cause a breach

Interference with Perspective economic advantage

Must be a wrongful act that is committed , former employer lying and damages must be proven

Prima Facia Tort

defendant does an an which is intended to cause harm to plaintiff and plaintiff suffers damages

Survival

injury inflicted then death occurs damages, pain and suffering, medical exposes, wage loss, loss of potential earnings

Wrongful death

funeral expenses, loss of support, value of service

Strict Liability for Animals

Barnyard Animals- animals that trespass and cause damage

Wild Animals

not supposed to keep wild animals as pets and if you do have them in a cage in your yard then you are liable (bees, snake and animal that comes in your backyard regularly and you keep it as a pet)

Domestic Animals

knows dangerous propensities, owner should have know or knew

Abnormally dangerous activities

engaged in activity that is dangerous no matter how careful you are (storing explosives, transporting)

Proximate Cause

Satisfied when the harm results form the specific risk that makes the activity dangerous

Comparative fault

defense for abnormally dangerous activities

Vicarious Liability

liable for this parties

Products Liability

look for batter first

Negligence

always a factor see if there was carelessness involved in the defect, related to how it was designed breaching duty of do care having a product go out with sharp edges

1) Express Warranty

brochure, ad, oral representation about the product reliability to its safety. Puffing no cause of action. Plaintiff has to prove reliance on what was said

2) Implied Warranty of merchantability

always a factor every product has an implied warranty on how its supposed to work

3) Manufacturing Defect

if a product is unreasonably unsafe to the user, person has to be in the business of selling

4)Design Defect

Risk utility analysis balancing test, make it safe without substantially losing its utility (if there is a foreseeable defect)

5)Failure to Warn

Negligence, design defect a warning shoulve been designed into the product also manufacturing defect if a widget has no decal (see if warning is needed and if there is adequate place where it can be seen

UCC 2- 318

Plaintiffs can sue 1. household members 2. sue manufacturer even if they didnt buy it from them directly

Defenses to Products Liability

Misuse, comparative negligence

Plaintiff can sue in Products liability

parties in chain of distribution, wholesaler

Nuisance

private and public

Private Nuisance

interference with use of enjoyment of your land, if plaintiff moved there after the nuisance started

Remedies for private nuisance

injunction, temp damges, perm damges between value of land before and after the nuisance

Public Nuisance

interference with use of enjoyment of air, land, or water that is accessible to the public. Plaintiff has to suffer and injury different in kind from the public