Civil Wrongs

-strict liability

-intentional torts

-negligence

- made by state statutes

- simplest of all 3 torts

- defendent must prove ____ under a statute

- plaintiff harmed

- defendent virtually no defense

- keeping of wild animals, blasting

strict liability

- put up a sign, "Beware: giraffe will bite"

but go anyway

- 

-plaintiff alleges defendent either violated a statute or otherwise presented an unreasonable risk of harm to plaintiff

- plaintiff must prove defendent did not act as a reasonable person

-plaintiff must prove defendant did not act as a reasonable person under the circumstances and it presented an unreasonable risk of harm to plaintiff

- act that falls below the reasonable standard of care thereby creating an unreasonable risk of harm to another

- duty

- breach of duty

- proximate cause

- damages

- no general duty to public

- must be imposed by statute

- conduct oneself as a reasonable person under the circumstances

- arises from

+ statute

+ circumstances

- law only holds defendants liable for forseeable consequence of their acts

- what actually happened that law will allow responsibility for because it was forsseable and thus could have been avoided by being careful

- if you thought about it, could it happen?

- plaintiff must be harmed by defendant's failure to adhere to the standard of a reasonable person under the circumstances

-no harm, no negligence

- plaintiff's negligence cancels out defendant's negligence

- when you sue for negligence and defendent says that you did something to make it happen

- ex: rear end, but plaintiff slammed on breaks

- if available, deducts percentage of plaintiff's negligence < 50%

- actually give % to each negligence

- up to plaintiff to be 50% negligent

- tort that is not self- contained

- more of a category

- each other torts has requirements that must be proved

- intent -> commit the act that resulted in harm

assault

battery

invasion of privacy

defamation

false imprisonment

intentional infliction of emotional distress

theft of trade secrets

patents

palming off

disparagement

real

personal

intentionally doing an act that creates fear and/or apprehansion of an immediate bodily touching

-for mental integrity

- no requirement for harm

- not necessaryily negative

-slander or libel

- truth is absolute defense

- publication requirement

- must be at least 1 other person present

- someone intentionally tells a lie about someone that lowers their reputation in community

false imprisonment

intentionally placing someone in a confined space from which there is no safe means of egress

- no physical harm necessary

- special circumstances for shopowners

1) reasonable basis for suspicion

2) reasonable holding period and space

3) reasonable treatment

3 requirements for shopowners to imprison potential shoplifters

intentionally doing an act that goes outside all bounds of common decency.  no physical harm necessary.  last resort tort

AKA. outrageous conduct

- easy to fake but hard to prove

- intrusion upon seclusion

- appropriation of name or likeness

- false light

- public disclosure of private facts

disparagement

interference w/contractual relations

theft of trade secrets palming off

infringement of copyright, patent, trademark, service mark

- untrue statements about quality or title of business

- like defamation for business

-must show statement untrue

- someone not party to contract does something to make party to the contract discontinue with the contract

- can be actual contract or prospective contract about to be entered into

- taking the trade secrets of a business

- must be something that is actively kept secret, if not, no cause of action

- can sue for money made from secret and harm done

- selling someone property they think is one thing, but is another

- generally an inferior item (Gucci bag knockoff)

- damages - difference between what you actually bought and what you thought you bought

protects original songs, books, etc

- lasts for life of holder plus 70 years

- can receive damage

- used to indicate unique business associated w/ mark

- good for however long the holder wants to use it

- important for holder to protect use of the trademark or it goes into public use (kleenex, coke)

- protects holder's right to exclusive use and control of their original invention/ process

- can license it to anyone

- protects for 20 years

- after period is over, in the public domain

- treble damages possible

- to protect someone's specific mark indicating a service they provide (special window washer)

- lasts for a long as the holder wants it

- can receive damages for infringement

trespass to real property

owner/ possessor has right to exclusive possession and control of his/her property

- tort is for breach of that right

- not necessary to prove harm to property

owner/possessor of personal property has right to exclusive possession and control

- if defendant interferes with this in any way, it is a trespass

- no harm to property necessary, but goes to measure of damages

exercise of possession and control over personal property of another

- no bright line- the more exercise and control defendant excercises, the more likely it is to be conversion