CPCU 6

• A defendant can successfully defend against a negligence action by establishing the lack of any of the four essential elements of negligence.
• Additonal defenses are:
• 1. Contributory negligence
• 2. Comparitive negligence - the plantiff's negligence in caring for his own self-interst bars recovery under porportion of damages equal to his proportion of negligence
• 3. Last clear chance doctrine - responsibility falls on party who had the last definite opportunity to avoid innury
• 4. Assumption of risk doctrine
• 5. Release

• 1. Government functions - the king can do no wrong
• 2. Public official immunity
• 3. Charitable immunity
• 4. Intra-familial immunity.

• 1. A liquidated damages agreement establishes in advance the amount of damage a party will pay for negligence
• 2. Hold-harmless agreement (indemnity) A. often a contractor agrees to indemnify and hold B. often an owner harmless for any liability to third persons that B may incur due to A's activities.Although hold harmless agreements are allowed in court,theyhave no effect on B's tor liabilitys' B merely gains the contractual right to be indemnified by A.
• 3. Exculpatory agreement - A (often a shipper) agrees not to sue B (often a common carrier) for any loss A might sustain due to B's negligence.
• Corts sustan exculpatory clauses if they are not against public policy.

Intentional, hostile or offensive, touching of another, without his consent.

Intentionally making someone resonably apprehensive of imminent bodily contact.

intentional unlawful detention of another.

intentional unlawful pohysical restraint of another.

(slander and libel) involves ublication (communicatin to a third person) of false statements inurious to another's reputation.

It is oral defamation (slander involves either making the original statment or repeating it.

written defamation (including TV or radio broadcasts).

involves violating an individual's right to be left alone or to be protected from unauthorized publicity

the improper institution (initiation) of criminal proceedings, with malice, and without probably cause (grounds that would lead a resonable person to believe the plantiff committed the act that is the basid of the proceedings).

any violatin of anothe's exclusive use or possesion )not ownership) of real or personal property without permission.

• intentional, unlawful, control over tangible, movable personal property of another to the detriment of the person entitled to control it including:
• 1. wrongful taking - as if theft or fraud,
• 2. wrongful transfer - erroneaus deliver or illegal sale.
• 3. wrongful detention - usually by a bailee
• 4. wrongful damge or alteation - vandalism
• 5. misuse of chattel - using another's sauto beyond the scope of permissin granted.

• Nuisance occurs when a landown'er use of his land interferes with another's rights.
• A private nuisance is the unreasonalbe ulawful interference with another's right to quiet enjoyment of his real property.
• Intentional nuisance arises when a person knowlingly interferes with another's quiet enjoyment.

it eliminated the need for contractual privity between the product's manufacturer and its immediate buyer. t was later extended to a perosn who negligently repaired a product.