- GEN: Officer, merchant or merchant's employee must have Probable Cause to believe that retail theft has occurred or is occurring and that the person detained has committed it.
- >> Reasonable manner, reasonable time -- on or off premises.
- (1) Require suspect to ID himself;
- (2) Determine whether suspect has unpurchased merchandise; OR
- (3) Inform an officer of the peace or institute crim proceedings.
Lethal Deadly Force and Self-Defense
GEN: Duty to retreat unless in home or office.
- KEY: In addition to all other elements, must show FAULT in all defamation cases.
- >> P must prove -- even in private concern cases -- at least a showing of negligence on the part of the publisher in all civil actions for libel.
NOTE: If not public figure/concern, D must prove truthfulness as a defense.
SLANDER PER SE
- MODIFIED LUMP:
- (1) Loathesome disease
- (2) Unchastity and sexual misconduct
- (3) Indictabl criminal offense -- not just moral turpitude crimes.
- (4) Profession/biz
Defamation (Malice for Pub Figures)
GEN: Evidence of MALICE may include a republishing of allegedly defamatory statement AFTER a complaint had been filed alleging that the statement was defamatory.
DEF: False statement that results in a harm to another party.
Intentional Interference with Business Relations
- (1) Existence of an actual or prospective contractual relationship;
- (2) Intent to harm P by preventing the relationship from occurring;
- (3) Absence of privilege or justification on D's part; AND
- (4) Actual damages as a result of D's actions.
NOTE: If try to induce employees to leave their present employment and take work with you WITHOUT BF intent, then may be okay.
Wrongful Institution of Legal Proceedings
Plaintiffs and their attys liable for wrongfully procuring, initiating, or continuing civil proceedings in "a grossly negligent manner or without probably cause."
REQS: The defendant in the original action must prove that --
- (1) Underlying proceedings were terminated in former D's favor;
- (2) Former P initiated those proceedings w/o PC or in a GN manner;
- (3) Former P filed original action for improper purpose (bad faith); AND
- (4) Former D sustained damages as a result.
- PC (Lawyers): Exists where attorneys reasonably believe in:
- (1) the facts on which the action is based; AND
- (2) the legal theory under which is brought.
- PC (Lay Ppl): Exists where reasonably believe in:
- (1) Claim may be valid in reliance on the advice of counsel;
- (2) Sought in GF; AND
- (3) After full disclosure of all relevent facts w/in their knowledge.
Medical Treatment: Medical Negligence
- GEN: When neg is a substantial factor in causing patient's injury, P does not have to prove to a certainty that proper care would have prevented the injury.
- >> If any possibility of avoiding the injury, and the doctor destroyed that possibility, he is liable.
- >> Causal Cxn Bwn Injury and Phys Action: can be proved by evidence that the risk of incurring those injuries was increated by the doctor's neg conduct.
GEN: Must prove that you would have won underlying action absent att'y neg.
Duties: Unknown Trespassers
- GEN: Same as reg tort law, but also --
- Duty to refrain from wanton and/or willful conduct.
Negligent Infliction of Emotional Distress
- THREE THEORIES:
- (1) Impact Rule: Where physical injury caused by D;
- (2) Zone of Danger: P was in personal danger of physical impact from being in the zone of danger of injury; OR
- (3) Bystander Rule: P observes D cause injury to a close relative.
- INJURY: Must have a physical manigestation of emotional distress to recover.
- >> INCLUDE: Depression, anxiety, stress and nightmares.
Good Samaritan Statutes
GEN: Protects med personnel rendering emergency care or rescue, non-med personnel rendering emergency care/rescue who are certified in first aid, AND volunteers without compensation rendering services (managers, coached, umpires, or referees).
EFFECT: P must prove GROSS NEG to recover.
Duty to Control Third Persons
- Employer liability for employees:
- GEN: employer may be liable to injured third parties for the wrongful acts of a negligently hired or negligently supervised employee.
- (1) Employer knew or should have known (reasonable care) of the need to exercise control over the employee to see that he was not dangerous to others;
- (2) Employer failed to exercise such control;
- (3) Employee acted in a dangerous manner and employer had notice and acquiesced; AND
- (4) Third party suffered an injury.
NOTE: Absence of supervision on the job -- may constitute constructive notice of the employee's behavior.
Last Clear Chance Doctrine
GEN: None in PA b/c comparative neg jdx.
Assumption of the Risk
EXPRESS: Accepted as a defense to negligence.
IMPLIED: Plurality of the PA Sup. Ct has held that there should NOT be an implied assumption of the risk.
Domestic Animals -- Dog Bite
GEN: No SL, even if owner has knowledge of dog's previous biting.
Product Liability: Existence of a Defect
* Malfunction Theory *
KEY: In PA, jury can infer the existence of a defect in a product from evidence that the product malfunctioned with normal use and in the absence of reasonable secondary causes.
Strict Liability Cases and Effect of Defenses
KEY: Comparative neg doctrine is NOT A DEFENSE in SL actions
- RESULT: Defenses -- assumption of the risk, misuse of the product, highly reckless conduct, product alteration, ect. are COMPLETE defenses.
- BUT: failure to discover or guard against the existence of a defect (ie. ordinary negligence) is no defense for Ds.
- >> Ordinary negligence evidence NOT admissible UNLESS -- accident solely held to be the result of the user's conduct and not related to the defect in the product.
Nuisance (Per Se and Private)
- PER SE: Use of land recognized as injurious to the health/welfare of the community.
- NOTE: Depends on the surrounding circumstances, including the approp. of the location.
- >> Proof of the act = proof of the nuisance.
- PRIVATE: Conduct must be --
- (1) Intentional and unreasonable; OR
- (2) Unintentional and otherwise actionable under the rules controlling liability for negligent or reckless conduct OR for abnormally dangerous conduct/activities.
- NOTE: Remedy requires significant harm.
Parent liability for child
GEN: Parents can be held up to $2.5K liabl for the tortious acts of their minor children.
Adult Social Hosts and Alcohol
Minors: If actual knowledge that you're serving a minor, liability for subsequent injuries -- either to himself or a third party.
Intoxicated Adults: No liability for serving alcohol to an intoxicated adult.
* Joint Tortfeasors and Settlements *
- GEN: If JT enters into a settlement with P, permitted to seek contribution from other JTs if their liability is also extinguished by the settlement.
- >> BUT: Cannot seek contribution from those whose responsibility is not extinguished by the settlement -- even if the amount of the settlement turns out to be more than the settling tortfeasor's pro rata share of the judgement...
False Arrest and Gvt Immunity
GEN: Municipality NOT liable for a false arrest committed by one of its employees.
Immunity of Public Officials
GEN: Pub officials acting pursuant to a court order are immune from a tort action for false arrest.
BUT: May have a claim for violation of federal constitutional rights.
Damages: Future Lost Earnings, Loss of Life's Pleasures
- Future Lost Earnings
- GEN: To be recoverable, future lost earnings must be reasonably certain and quantifiable.
- >> Must prove that one's economic horizons have been shortened as a result of the tortfeasor's negligence.
- >> If too speculative, will not be awarded.
- Loss of Life's Pleasures
- GEN: Present evidence that you lost life's pleasures, and the importance of such pleasures.
Sudden Emergency Defense (Neg Cases)
GEN: When a defendant is suddenly and unexpectedly confronted with a perilous situation that permits no opp to assess the danger and respond appropriately, SED can excuse liability for negligence.
NOTE: Must show that you (D) did not create the emergency. Usually applied in motor vehicle accident cases.
Strict Liability: Abnormally Dangerous Activity
GEN: Policy judgment that one who engages in certain activities will be financially responsible to those injured by such activities.
- (1) High degree of risk?
- (2) Likelihood that harm will be great?
- (3) Inability to eliminate risk with reas. care?
- (4) Common usage?
- (5) Benefits to community outweigh its dangers?
** Form of VICARIOUS Liability *