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Establishing Tort Liability
Elements of a prima facie case for INTENTIONAL TORTS
CAPACITY
TRANSFERRED INTENT
SUPERSENSITIVE PLAINTIFF
Intentional Torts: BATTERY
Battery: OFFENSIVE CONTACT
Battery: WITH PLAINTIFF'S PERSON
And Other Plaintiff Considerations
Battery: CAUSE
Note on Damages
Intentional Torts: ASSAULT
Assault: APPREHENSION
Assault: IMMEDIACY
Words Rules
Proof of Damages?
Battery v. Assault
Intentional Torts: FALSE IMPRISONMENT
False Imprisonment: SUFFICIENT ACT OF RESTRAINT
False Imprisonment: SUFFICIENT ACT OF RESTRAINT - SHOPKEEPER'S DETENTION
False Imprisonment: BOUNDED AREA
Note on Damages
Intentional Torts: INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
IIED: OUTRAGEOUS CONDUCT
IIED: MAKING NON-OUTRAGEOUS CONDUCT OUTRAGEOUS
IIED: Type of Plaintiff
IIED: Type of Defendant
IIED: Causation
Intent/Causation Requirements for
Bystander Cases
IIED: DAMAGES
If another intentional tort, defamation, or action for invasion of privacy won't work, consider IIED.
Intentional Torts to Property:
TRESPASS TO LAND
Trespass to Land: ACT OF PHYSICAL INVASION BY DEFENDANT
Trespass to Land: OF PLAINTIFF'S LAND
Trespass to Land: Note on Intent, Mistake, Who May Bring an Action, and Damages
Intentional Torts to Property: TRESPASS TO CHATTELS and CONVERSION
Which tort?
Trespass to Chattels: Elements and Who Can Bring the Action
Conversion: Elements and Acts of Conversion
Intentional Torts to Property:
TRESPASS TO CHATTELS and CONVERSION -Two Types of Damages-
Intentional Torts to Property: TRESPASS TO CHATTELS and CONVERSION
What does the plaintiff get?
Intentional Torts: DEFENSES
Defenses to Intentional Torts: CONSENT
Defenses to Intentional Torts:
EXPRESS CONSENT
Defenses to Intentional Torts:
Implied Consent 2 Types
Defense to Intentional Torts: CONSENT
Third Step and Effect of Criminal Acts
Intentional Tort Defense:
THE DEFENSE PRIVILEGES
Intentional Tort Defense:
THE DEFENSE PRIVILEGES
3 Step Test
Intentional Tort Defense:
THE DEFENSE PRIVILEGES
Timing
Intentional Tort Defense:
THE DEFENSE PRIVILEGES
1. Timing (See Previous Card) and HOT PURSUIT
Intentional Tort Defense:
THE DEFENSE PRIVILEGES
2. Is the DEFENSE TEST satisfied?
Intentional Tort Defense:
THE DEFENSE PRIVILEGES
3. Proper amount of force?
Defenses: Defense of Property
Intentional Tort Defense:
NECESSITY
Intentional Tort Defense:
PUBLIC NECESSITY
Intentional Tort Defense:
PRIVATE NECESSITY
Intentional Tort Defense:
Relationship b/w NECESSITY and
DEFENSE OF PROPERTY
Defense: Privilege of Arrest
Defense: Recapture of Chattels
Entry Upon Land to Remove Chattel
Defense: Recapture of Chattels
HARM TO ECONOMIC AND DIGNITARY INTERESTS
DEFAMATION
Prima Facie Case
Defamation: DEFAMATORY STATEMENT ABOUT THE PLAINTIFF
Defamation: PUBLICATION
Defamation: DAMAGE TO PLAINTIFF'S REPUTATION
LIBEL?
SLANDER?
SLANDER PER SE?
Defamation: Categories for SLANDER PER SE
Defamation: DEFENSES
Defamation Defense: CONSENT
Defamation Defense: TRUTH
Defamation Defense: ABSOLUTE PRIVILEGE
Defamation Defense: QUALIFIED PRIVILEGE
Defamation:
Additional CONSTITUTIONAL Elements
When is the first amendment at issue?
Defamation: FIRST AMENDMENT - FALSITY
Defamation: FIRST AMENDMENT - FAULT
3 Types of Fault
Defamation: FIRST AMENDMENT - FAULT
Type of Plaintiff:
1. Public Figure
ACTUAL MALICE TEST
Defamation: FIRST AMENDMENT - FAULT
Type of Plaintiff:
2. Private Person
Defamation: FIRST AMENDMENT - FAULT
Type of Plaintiff:
2. Private Person
IL Tort Distinction
INVASION OF RIGHT TO PRIVACY
4 SEPARATE AND DISTINCT BRANCHES
First Branch: Misappropriation
INVASION OF RIGHT TO PRIVACY
4 SEPARATE AND DISTINCT BRANCHES
Prima facie requirement for branches 2-4.
INVASION OF RIGHT TO PRIVACY
4 SEPARATE AND DISTINCT BRANCHES
Branch 2: Intrusion by D into P's Privacy or Seclusion
INVASION OF RIGHT TO PRIVACY
4 SEPARATE AND DISTINCT BRANCHES
Preliminary Note for 3 and 4
The "Publication" Branches
INVASION OF RIGHT TO PRIVACY
4 SEPARATE AND DISTINCT BRANCHES
Branch 3: Publication of facts placing P in a false light.
INVASION OF RIGHT TO PRIVACY
4 SEPARATE AND DISTINCT BRANCHES
Branch 4: Publication of Private Facts About Plaintiff
INVASION OF RIGHT TO PRIVACY
Defenses
MISREPRESENTATION
2 KINDS
INTENTIONAL MISREPRESENTATION
PRIMA FACIE CASE
INTENTIONAL MISREPRESENTATION
1. Misrepresentation
INTENTIONAL MISREPRESENTATION
2. Scienter
INTENTIONAL MISREPRESENTATION
3. Intent to Induce Reliance
4. Justifiable reliance.
5. Causation
6. Damages
INTENTIONAL MISREPRESENTATION
Defenses
Negligent Misrepresentation
INTERFERENCE WITH BUSINESS RELATIONS
Prima Facie Case
INTERFERENCE WITH BUSINESS RELATIONS
Defense of Privilege
***
NEGLIGENCE
Prima Facie Case
Negligence: DUTY
NEGLIGENCE: Duty
Foreseeable Plaintiffs
Foreseeable Plaintiffs as a Matter of Law
NEGLIGENCE: Duty
Unforeseeable Plaintiff Fact Pattern
NEGLIGENCE: Duty
Standards of Care
***
NEGLIGENCE: Duty
Reasonable Person Standard
NEGLIGENCE: Duty
Reasonable Person Standard
Physical Characteristics?
Disabled Defendant Trick ***
NEGLIGENCE: Duty
The Children Standard
NEGLIGENCE: Duty
The Children Standard
EXCEPTION
NEGLIGENCE: Duty
The Professional Standard
General
Specialist
Negligence: DUTY
The Common Carrier and
Innkeepers Standard
NEGLIGENCE: Duty
The Owner-Occupier Standards
ALWAYS ON BAR EXAM
NEGLIGENCE: Duty
The Owner-Occupier Standards
1. D's Status as Owner/Occupier
NEGLIGENCE: Duty
The Owner-Occupier Standards
2. Injury on or off land?
NEGLIGENCE: Duty
The Owner-Occupier Standards
3. Is plaintiff an undiscovered trespasser?
Duty to Discovered Trespassers
NEGLIGENCE: Duty
The Owner-Occupier Standards
ACTIVITY/DANGEROUS CONDITION
NEGLIGENCE: Duty
The Owner-Occupier Standards
THE ACTIVITY STANDARD ???
NEGLIGENCE: Duty
The Owner-Occupier Standards
The Dangerous Condition Standards
NEGLIGENCE: Duty
The Owner-Occupier Standards
The Dangerous Condition Standards
DISCOVERED/ANTICIPATED TRESPASSER
NEGLIGENCE: Duty
The Owner-Occupier Standards
The Dangerous Condition Standards
LICENSEE
NEGLIGENCE: Duty
The Owner-Occupier Standards
The Dangerous Condition Standards
INVITEE
NEGLIGENCE: Duty
The Owner-Occupier Standards
The Dangerous Condition Standards
ILLINOIS DISTINCTION
NEGLIGENCE: Duty
The Owner-Occupier Standards
BAR EXAM FAVORITE ISSUES
Nuisance
NEGLIGENCE: Duty
STATUTORY STANDARDS
NEGLIGENCE: Duty
STATUTORY STANDARDS
The Test
NEGLIGENCE: Duty
STATUTORY STANDARDS
Effect of Statute Being INAPPLICABLE
NEGLIGENCE: Duty
STATUTORY STANDARDS
Effect of Non-Compliance
With Applicable Statute.
NEGLIGENCE: Duty
STATUTORY STANDARDS
Effect of Non-Compliance
With Applicable Statute
IL Distinction
NEGLIGENCE: Duty
STATUTORY STANDARDS
Excuse for Non-Compliance
NEGLIGENCE: Duty
STATUTORY STANDARDS
Effect of Compliance
With Applicable Statute.
NEGLIGENCE: Duty
Negligent Infliction of Emotional Distress
NEGLIGENCE: Duty
Negligent Infliction of Emotional Distress
Third Party Recovery
NEGLIGENCE: Duty
Negligent Infliction of Emotional Distress
Third Party Recovery:
ILLINOIS DISTINCTION
NEGLIGENCE: Duty
AFFIRMATIVE DUTY TO ACT
NEGLIGENCE: Breach
NEGLIGENCE: Breach
Res Ipsa Loquitor - When At Issue?
The Thing Speaks For Itself
NEGLIGENCE: Breach
Res Ipsa Loquitor - Probability Inference Test
NEGLIGENCE: Breach
Res Ipsa Loquitor - The Rules
Negligence: CAUSATION
*** Lots of questions. ***
Negligence
ACTUAL CAUSATION
Question to ask.
3 Basic Tests
Negligence
ACTUAL CAUSATION
The But For Test
Concurrent Causes
Negligence
ACTUAL CAUSATION
The But For Test Could Give Wrong Answer
Negligence
ACTUAL CAUSATION: Substantial Factor Test
Negligence
ACTUAL CAUSATION:
Alternative Causes Test
Negligence
PROXIMATE CAUSATION:
A Limitation of Liability
General Rule of Liability
Negligence
PROXIMATE CAUSATION:
Direct Cause Case
Negligence
PROXIMATE CAUSATION:
Indirect Cause Case
Negligence
PROXIMATE CAUSATION:
Indirect Cause Case
Negligence
PROXIMATE CAUSATION:
The Two Rules
Negligence
PROXIMATE CAUSATION:
The Two Rules
Exception to Rule #2
Negligence: CAUSATION
Bar Exam Tips
Negligence: DAMAGES
Defenses to Negligence
Contributory Negligence:
Standard of Care
Rescuers and Emergency Conditions
P's Statutory Violation (With Exception)
When Not a Defense
Contributory Negligence: Implied Assumption of Risk
Contributory Negligence: UNKNOWING
Exceptions to Implied Assumption of Risk
Risks that MAY NOT Be Assumed
Express Assumption of Risk
Contributory Negligence
vs.
Comparative Negligence
EFFECT OF CONTRIBUTORY NEGLIGENCE
Contributory Negligence
v.
Comparative Negligence
Partial v. Pure Comparative Negligence
Contributory Negligence
vs.
Comparative Negligence
IMPLIED ASSUMPTION OF RISK
Contributory Negligence
vs.
Comparative Negligence
Last Clear Chance Doctrine
AKA "Humanitarian Doctrine
Contributory Negligence
vs.
Comparative Negligence
Defendant's Conduct Was Reckless
Strict Liability
Prima Facie Case
Strict Liability - Defenses
Contributory Negligence State
Knowing v. Unknowing
Strict Liability - Defenses
Comparative Negligence State
Strict Liability
Personal Injury From Animals
Strict Liability
Abnormally Dangerous Activities
Products Liability
Threshold Inquiry
Products Liability
First Requirement
Products Liability
Second Requirement
Products Liability
Negligence Theory
Products Liability
Negligence Theory
Duty: Who can be a plaintiff?
Breach
Products Liability
Negligence Theory - Who can be a defendant?
Products Liability
Strict Liability Theory
Products Liability
Bar Exam Favorites
Nuisance
Private Nuisance
Public Nuisance
Nuisance
Proper Plaintiffs
Nuisance
The Standard
Nuisance
Exam Favories
General Considerations for ALL Tort Cases
Vicarious Liability
Respondeat Superior
Independent Contractor Situations
Vicarious Liability
Automobile Owners/Drivers
Vicarious Liability
Parent/Children
Vicarious Liability
Parties: Multiple Defendant Issues
Releases
Vicarious Liability
Parties: Multiple Defendant Issues
Joint and Several Liability
Vicarious Liability
Parties: Multiple Defendant Issues
Contribution and Indemnification
Vicarious Liability
Parties: Multiple Defendant Issues
Contribution and Indemnification:
Contribution
Vicarious Liability
Parties: Multiple Defendant Issues
Contribution and Indemnification:
Indemnification
Vicarious Liability
Parties: Multiple Defendant Issues
Contribution and Indemnification:
Comparative Contribution
Survival and Wrongful Death
Tort Immunities
Governmental Tort Immunity
Defamation: SINGLE PUBLICATION RULE
Defamation: Types of Damages to Plaintiff's Reputation
Defamation: Qualified Privilege
Defamation:
Loss of Qualified Privilege Through Abuse
Burden of Proof
Group Defamation
Imputed Contributory Negligence
Strict Liability
Animals - Persons Protected
Strict Liability
Abnormally Dangerous Activities
Strict Liability
Extent of Liability
Defenses to Strict Products Liability