Torts

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A tort is a civil wrong doing

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other than a breach of contract

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Rule: The shopkeeper may detain a person for a reasonable amount of time period

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based upon a probable cause of theft.

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Rule: SOME intentional interference with another’s property resulting in (1) damage

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(2) impairment of value or (3) deprivation of property for a SHORT period of time.

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If the damage* is SLIGHT it is Trespass

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if the damage is SEVERE or permanent it is Conversion

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Rule: Conversion is the intentional control over another’s property without consent

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SERIOUSLY interfering with owner’s property rights.

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6. Others

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defense of

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7. Property

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defense of

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Negligence consist of a (1) DUTY of reasonable care owed to a reasonably FOESEEABLE victim and a (2) BREACH of the duty

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actually or proximately (3) CAUSING an (4) INJURY to the victim.

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Proximate cause is a natural & CONTINUOUS sequence

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unbroken by any intervening cause producing the injury

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2. The finding that

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would an injury have occurred but for the act or omission of the defendant’s act?

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No duty to act unless it is mandated by law

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duty established by relations

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Rule: An Intervening Cause is a non-foreseeable act

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occurring AFTER the alleged negligence

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**A separate act or omission that breaks the direct connection between the defendant's actions and an injury or loss to another person

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and may relieve the defendant of liability for the injury or loss.

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RULE: Superseding Cause is generally the tortious/intentional act of a THIRD PARTY

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which severs liability UNLESS the defendant's conduct INCREASED the likelihood that the third party's intentional tort will occur: then third party’s conduct is foreseeable and not a superseding cause.

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Who is deemed to have a Duty to Act

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in rescue scenario and there a claim for a negligence action?

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There is no duty to rescue

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unless no fatal risk to rescue OR Defendant caused the Pl’s peril OR preexisting relationship existed between parties such as; (1) family (2) common carrier/Innkeeper and patrons

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Medical Malpractice requires the supporting sworn affidavit attached to the complaint by expert(s) the same general field

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detailing the standard of care that was suppose to be followed and how that standard was breached (negligence of the doctors).

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What must be determined

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first

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To determine the duty

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the victim’s status on land must be determined:

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2. Duty Owed: The owner only owes a duty to refrain from willfully and wantonly injuring

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once the trespasser’s presence is known

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1. A possessor of land is subject to liability for physical harm to children trespassing caused by an artificial land condition

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if:

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GA Rule: A Licensee is NOT a customer

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servant or trespasser and lacks a contractual relation with the owner of the premises.

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1. A Licensee has express or implied permission to go on the premises merely for his/her own interest

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convenience or gratification.

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1. An Invitee is one that has an express or implied invitation

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by the owner or occupier of land and has been induced or led to come on the premises for any lawful purpose.

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2. Owner or occupier is liable for damages to such persons for injuries caused by failure to exerciser ordinary care in keeping the premises and approaches safe. (No duty to warn of obvious dangers

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that invitee should reasonably be aware of it)

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Rule: Allows negligent plaintiffs to recover

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even when the plaintiffs fault exceeds the defendant’s fault

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Rule: Defendant may be held SOLELY liable for ALL damages if he had the last clear chance to AVOID injury

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was AWARE of victim's peril and did NOT exercise ordinary care

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*Firefighters Defense: police and firefighters assume the ordinary

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inherent risks of their highly dangerous employment

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Not used in GA

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will nor be on the ESSAY exam.

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If Plaintiff is at all Negligent

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they are barred from recovering damages from defendant

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What is the Infancy Defense to Negligence

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used in GA?

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Regardless of Privity of Contract

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a Manufacturer of goods OR components OR commercial supplier

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Rule: Defamation is to knowingly

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recklessly or negligently MAKE and PUBLISH a FALSE non-privileged statement about another

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*TV and Radio broadcast (GA)

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Pl. must prove actual damages

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1. Libel – (written) newspaper

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internet

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2. Slander – (Spoken) ORAL defamation through words

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gestures or other communications

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Malice is proven by clear and convincing evidence that shows statement was made with knowledge of falsity

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or with reckless disregard for its truth or falsity.

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It is when damages are presumed for published statements in newspapers or magazines: NO proof of special damages required (loss of job

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income or profits)

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What categories of Slander do not have to be proven

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for damages?

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4. Business/Profession

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statement as regard to

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A private Nuisance is unreasonable or intentional conduct

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which causes substantial and unreasonable injury/interference with another’s use and enjoyment of his real property.

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To knowingly

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recklessly or negligently make and publish (communicate to a 3rd party) a false statement about another

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GA. Recognizes libel per se

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contrasts and compare with Libel

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3. spoken in good faith

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for socially useful purpose

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Defendant must retract statement in the same manner as it was published within 3 -7 days. Also

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Plaintiff is limited to actual damages if Defendant proves statement was made without malice.

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A derogatory statement

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which is designed to injure a reputation