Book2.csv

• 1. Harmful or offensive contact with the P's person
• 2. Intent to cause the above
• 3. Causation (substantial factor)

• 1 Assault
• 2 Battery
• 3 False Imprisonment
• 4Trespass to land
• 5Trespass to chattels

• 1. Creating a reasonable apprehension in P 
• 2. of immediate harmful or offense contact to Ps person
• 3. Intent
• 4. Causation

• 1. An act or omission that confines or restrains P
• 2. to a bounded area
• 3. Intent
• 4. Causation

• 1. Reasonable belief as to fact of theft
• 2. Detention in a reasonable manner
• 3. For a reasonable period of time to make an investigation

• 1. Extreme and outrageous conduct
• 2. Intent (actual or reckless)
• 3. Causation
• "4. Damages (severe emotional distress, actual damages)"

• 1. P was present when injury occurred to other person
• 2. P was a close relative of person
• 3. D knew that P was present and a close relative
• *presence and relationship not required if D had a design or purpose to cause distress

• 1. Physical invasion of P's real property by D
• 2. Intent to enter land
• 3. Causation

• 1. Interference with P's right of possession
• 2. Intent to perform the act
• 3. Causation
• 4. Damage

• 1. Interference with P's possession serious enough to warrant that D pay full value
• 2. Intent
• 3. Causation

• 1 After a request to desist the commission of the tort
• 2 Reasonable force may be used to prevent the commission of the tort
• "3 Defense does not apply after commission, although it does apply during hot pursuit"

• 1. Consent (actual or implied)
• "2. Self Defense (reasonable belief, no retaliation, no retreat required except for deadly force outside home, not allowed for aggressor, reasonable force)"
• 3. Defense of others
• "4. Defense of property (reasonable, but never deadly, force)"
• 5. Reentry onto land
• 6. Recapture of Chattels (force may only be used in hot pursuit)
• 7. Privilege of arrest
• "8. Necessity (private or public, only for property torts)"
• 9. Discipline (parent or teacher)

Intentional Infliction of Emotional Distress

• 1. Defamatory language by D
• 2. Of or concerning P
• 3. Publication (single third party)
• 4. Damage to reputation of P*
• 5. Falsity
• 6. Fault by D
• *damage not required for libel or slander per se

• 1. Business or profession
• 2. Loathsome disease
• 3. Crime of moral turpitude
• 4. Unchastity of a woman

• Public figure = malice (intent or recklessness)
• Private figure = negligence sufficient

• 1. Consent
• 2. Truth (except for public concern)
• 3. Absolute privilege
• a. Gov't proceedings
• b. Between spouses
• "4. Qualified Privileges (public policy promotes candor, can be lost if abused, e.g., giving a reference)"

• "If the plaintiff is only a private person, only negligence regarding the falsity must be proved if the matter is of public concern"
• "If the plaintiff is a public figure, actual malice must be established"
• If the plaintiff is a private person and the matter is private no fault need be shown

• Appropriation of Plaintiffs picture or name
• Intrusion on Plaintiffs Affairs or Seclusion
• Publication of Facts Placing Plaintiff in False Light
• Public Disclosure of Private Facts about Plaintiff

1. Unauthorized use of P's picture or name in connection with advertisement or promotion of products or services

• 1. Prying or intruding on affairs or seclusion of P
• 2. Objection to a reasonable person
• 3. The subject matter is private

• 1. Wide publication of facts placing P in false light
• 2. Objectionable to a reasonable person
• 3. Malice if matter concerns the public interest

• 1. Wide publication of private information about P
• 2. Objectionable to a reasonable person

• 1. Consent
• 2. Absolute Privileges
• 3. Qualified Privileges

• 1. Misstatement of fact (or opinion if from expert)
• "2. Scienter (i.e., malice) for intentional; negligence is an alternative"
• 3. Intent to induce reliance
• 4. Causation (actual reliance)
• 5. Justifiable reliance
• 6. Damages (pecuniary)
• (7). Negligent Misrepresentation requires commercial D

• 1. Valid existing contract or expectancy
• 2. D knows of contract or expectancy
• 3. Intentional interference
• 4. Damage

• 1. Existence of duty
• 2. Breach
• 3. Actual and proximate causation
• 4. Damage

• "(1) Child of like age, intelligence, experience (unless adult activity)"
• (2) A reasonable professional in similar community
• (3) Liable even for slight negligence

No duty

• Landowner must warn or make safe
• Concealed
• Unsafe
• Artificial conditions involving a serious risk of injury that the o/o knows of
• **no duty for owed for natural conditions

• Any dangerous condition o/o knows of
• That creates an unreasonable risk of harm to the licensee and
• that the licensee is unlikely to discover

• Any dangerous condition o/o should know about 
• so must make reasonable inspection

• 1. P was within danger zone of physical impact
• 2. P must suffer physical symptoms of distress (contrast with IIED)

• 1. Usually wouldn't happen without negligence
• 2. Negligence attributed to D (often instrumentality within D's exclusive control)
• 3. P not contributorily negligent
• *This merely creates inference of negligence for the jury to decide on*

• Must have a commercial supplier
• 1. The defect must have existed when it left D's control (inference if in normal channels)
• 2. Successful tort theory
• "a. Negligence (in design, manufacture, warnings, inspection)"
• b. Strict Liability (need to show unreasonably dangerous condition)
• "*Under both theories, P must be in foreseeable zone of risk*"

• Conduct objectionable to an average person
• Private nuisance - P has possession of land affected
• Public nuisance - P has been uniquely harmed
• Resolution involves balancing of competing interests