Torts: QuickStudy Laminated Reference Guide
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About this ebook
6-page laminated guide includes:
- Intentional Torts
- Negligence
- Duty of Care
- Nuisance
- Defamation
- Invasion of Privacy
- Misrepresentation
- Special Issues
- Strict Liability
- Tort Reform
- Students – with the sheer volume of facts to learn as a student of law, use this quick reference tool to find essential answers fast and review and refresh until you know you are prepared
- Exams – use as the last review for tests or even the Bar exam
- Professionals – use for employee reference in the office or use to refresh for yourself
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Torts - BarCharts, Inc.
Table of Contents
intentional torts
negligence
duty of care
nuisance
defamation
invasion of privacy
misrepresentation
special issues
strict liability
tort reform
intentional torts
PRIMA FACIE CASE
Act
Voluntary
Non-accidental physical muscular movement
Failure to act when there is a legal duty
Intent
Deliberate and purposeful state of mind or knowledge with substantial certainty that consequences would result from act
Distinguished from negligence, which requires a foreseeable risk which a reasonable person would avoid
Knowledge with substantial certainty requires knowledge of more than a possibility of the consequence resulting
Includes transferred intent
As to the plaintiff: Person A shoots a gun at Person B, intending to harm Person B, but the bullet hits Person C instead. Person A is liable to Person C for the intentional tort of battery
As to the tort: With five torts (battery, assault, false imprisonment, trespass, and trespass to chattels), if Person A intends to commit tort with respect to Person B, but commits a different tort with respect to Person B, Person A is liable for a second tort even though intent was required to commit the first tort
Causation
Distinguished from negligence in that causation need not be specifically proven
Damages
Nominal available
Generally, greater liability is imposed for acts intending to invade another’s rights than for acts in disregard of consequences
TORTS TO PERSONS
Battery
Intent to cause harmful or offensive contact (judged by reasonable person standard unless defendant knew of plaintiff ’s idiosyncratic beliefs or sensitivities)
Physical invasion of a victim’s person, or via extended personality doctrine, something so connected to a victim’s person that it is regarded as part of the person
Harmful or offensive contact occurs
No actual injury is required—offense is sufficient
Taking indecent liberties without consent, such as a slap on the buttocks, for example, may be used as an alternative pleading in a sexual harassment case
A woman who agrees to only be seen by a female doctor or nurse, but instead is seen by a male doctor may have a case for battery if the doctor knew of her request. He would have intent (knowledge or purpose that the touching would be offensive or harmful), so when he touches her for a physical exam, that would