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Trespass 1. Intentionally 2. Enters land of another 3. Remains on land or 4. Fails to remove thing Intrusion under Mistake?

(L) Defense: Private necessity 1. Reasonably appears necessary 2. To prevent serious harm 3. To actor, land, or chattels, or third person 4. If advantage > detriment to possessor 5. But must compensate Nuisance (3 approaches) 1. Negligence: if benefit greater than harm, NL 2. Strict Liability: severe, doesnt matter how valuable activity is, must compensate 3. Restatement: unreasonable if gravity of harm outweighs utility of conduct. Similar to B>PL analysis. OR if harm serious and comp would not make conduct not feasible (SL unless SL would drive usage out of business, in which case its neg) Defense: coming to nuisance (consider as factor) Defamation 1. Minimum negligently 2. False statement 3. Concerning particular person 4. Tends to harm persons reputation 5. Published = conveyed 6. Written or Oral a. If oral: crim offense, STD, matter incomp w business, serious sexual misconduct i. Or if evidence of econ loss Witnesses in Judicial proceedings: absolute privilege Conditional Priv (Defense) 1. Info affects significantly important interest of 3rd person 2. Publisher is under legal duty, or

3.

Is a person to whom publication is within standards of decent conduct

2. 3.

Causing To lose affection of spouse

Rumor: on occasion giving rise to cond. priv., NL if stated as rumor and not as fact and relation of parties/interests/harm make it reasonable (where interest and harm are not trivial) Abuse of Conditional Privilege: 1. Knowledge/recklessness of falsity 2. Made solely from spite/ill will (malice) Intentional Infliction of Emotional Distress 1. Extreme and Outrageous conduct 2. Intentionally or recklessly 3. Causes 4. Severe emotional distress to another a. If bodily harm to other results, liable for bod harm 5. Except when sued for effects of speech a. And speech is of public concern Business Torts Binding Contracts 1. Intentionally 2. Improperly 3. Interferes with performance of contract 4. By inducing (ex. request) or causing person not to perform contract/continue/enter Nonbinding Contracts (2 views) CA: NL Restatement: balance motives, interests, liberty Justifications: 1. Competition 2. Financ. Interest in biz 3. Responsible for welfare of induced person 4. Influence biz policy in area of economic interest 5. Honest advice / truthful info 6. Bona fide legal claim 7. Agrmt. illegal/contrary to policy Alienation of Affects./ Crim Convo 1. Wrongfully

Defense: consent/willing spouse Privilege: parent/near relative; Acts not to appropriate affections, but to advance what reason believes to be welfare of spouse. Disclosure of Embarrassing Facts 1. Gives publicity 2. To matter concerning the private life of another 3. Highly offensive to reas. pers. 4. Not of legit public concern Right of Publicity 1. Appropriates 2. Commercial value of identity 3. By using without consent 4. Name, likeness, indicia of ID 5. For purposes of trade 4 Tests: Rstmt: merch or in connection with users services Transform: signif. creative elements Predominate purposes test: if predom purpose is commercial 1st Amend. Protec.: balance RoP NEGLIGENCE 1. Duty 7: conduct creates rsk of phys harm Prior conduct creates risk Special relationship Undertakings Landowner 2. Breach of Duty (B> P x L) Custom: o Compliance ev of no breach o Counter: is this an intelligent custom? Neg. per se Res Ipsa Loquitur o neg when accident causing harm is type of accident that ordinarily occurs b/c of neg of a class of actors which is relevant member 3. Cause in Fact 4. Proximate Cause 5. Damages Herskovits Formula:

Defenses: Express Assumption of Risk Primary Assumption of Risk Unreasonable Product Design 1. At time of sale or distribution 2. Foreseeable risks could have been avoided 3. At reasonable cost 4. By adopting reasonable alternative design by seller or distributor 5. Or pred. in chain of dist. 6. And omission of alt. design renders product not reas. safe Failure to Warn F2W can be failure of RC (generally) 1. knows of risk 2. knows others unaware 3. warning would be effective Product defective when: 1. foreseeable risks of harm 2. Could be reduced/avoided by 3. Provision of reas. warnings 4. And the omission renders product not reas. safe Allergies: harmful ingredient to which substantial # allergic Negligent Infliction of Econ. Loss Pure econ loss rule: NL JAire Rule (min.): Consider Extent to which conduct targeted Foreseeability The degree of certainty of injury Close connection btwn conduct/inj The moral blame attch to conduct Policy of preventing future harm

When therapist determines that his patient presents a serious danger of violence to another, he incurs obligation to use reasonable care to protect the intended victim against such danger Provoking Criminals Shopkeeper does not have a duty to comply with the unlawful demand of an armed robber that property be surrendered.

STRICT LIABILITY
Animals Wild Animals 1. Belongs to category of animals 2. Not generally domesticated 3. Likely, unless restrained, to cause phys injury Dangerous Animals 1. Dangerous tendencies abnormal to category 2. Owner has reason to know of tendencies Subject to strict liability For Physical Harm Caused by Wild Animal Defense: harm stems from s making contact with/coming into prox to animal for purpose of securing benefit

Restatement: employer liab for emp torts when performing work assigned by the employer or engaging in a course of conduct similar to the employers control. Employees act not within the scope of employmt when it occurs within independent course of conduct not intended by the emple to serve any purpose of the emplr. Employer is an agent whose principal controls/ has the right to control the manner + means of the agents performance of work, and The fact that work is performed gratuitously does not relieve a principal of liability CA Approach: If motivating emotions fairly attributable to work-related events/conditions Ex. empment predictably creates risk that employee will commit int. torts of type for which L sought OR Employee given coercive authority (police officer) Manufacturing Defects Those engaged in sale + distrib. L for: At time of sale/distrib. Product departs from intended design despite all possible care. Food One engaged in the business of selling or otherwise distributing food products who sells or distributes a food product that is defective is subject to liability for harm to persons or property caused by the defect. Under 2(a), a harm-causing ingredient of the food product constitutes a defect if a reasonable consumer would not expect the food product to contain that ingredient.

NEG + 3RD PTY MISCONDUCT


Distraction: Duty for artificial conditions/conduct on land that pose a risk of physical harm to persons or property not on the land. Natural conditions (commerc.): RC duty Natural (noncommercial) land: RC duty if possessor knows risk Duty to 3rd pers based on sp. Rel. RC duty to third persons with regard to risks posed by the other that arise within the scope of the relationship Psychotherapists

Abnormally Dangerous Activities Rylands liability ( jurisdictions): Liability for uncommon activities of 's land that causes material to go on 's land R320 An actor who carries on an abnormally dangerous activity subject to SL for phys harm when: o Activity creates a foreseeable o and highly significant (P x L) o Risk of physical harm o Even when reasonable care is exercised by all actors; and o The activity is not one of common usage Defense: makes contact/comes into prox for purpose of obtaining benefit Respondeat Superior

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