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Copyright 2009 by BarPassers Bar Review. All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording, or any information storage and retrieval system, without permission in writing from the publisher. Printed in the United States of America.
BLANK
TORTS
(Overview) Personal injury PERSON Emotional distress
Libel Reputation Slander Intrusion WHAT IS BS INJURY? Publicity Privacy Deceit Economic False Light Comm. Approp. Malicious prosecution/ Abuse of process
Contract (Interference) Negligence Strict Liability Real PROPERTY Personal Vicarious liab Duty to control Contribution Indemnity ACTUAL CAUSE
B
LIABILITY WIDENING IS THE TARGET ) A RESPONS. )?
B
LIABILITY NARROWING Death
BS THEORY(IES)
STRICT LIABILITY: )s Abnormally Dangerous Activity, Defective Product or Animal NEGLIGENCE: )s Unreasonable Conduct
INTENT
Wanton Reckless
NEGLIGENCE
STRICT LIABILITY
19E
INTENTIONAL
Assault
Body
Person
Emotions Reputation/Privacy
Defamation (Libel/Slander) Invasion of Privacy Malicious prosecution/ Wrongful institution of civil proceedings/Abuse of process
INJURY Real
Consent
Exceeds Scope Fraud Illegal Discipline Arrest Shopkeeper Self Others Property Public Felony Misdemeanor Prevention
Necessity Private
Emotional Distress Intentional: Serious & outrageous Zone of danger Physical injury Bystander ?
19F
NEGLIGENCE
Reas. care to foreseeable Bs Affirmative Act Exceptions DUTY Bystander Omission to Act Good Samaritan Special Relationship Land occupiers Emotional distress Wrongful life General Rule: No Duty Creates the peril Reliance Duty to care Duty to warn Duty to control Conduct Promise
B in class
Statute STANDARD OF CARE Reasonable care under the circumstances Professional Carrier Child (Adult activity?) Emergency Custom Mental Illness DUTY OF
LAND OWNER Trad: Status of B Modern: Reasonable
Natural Conditions
Who is the
Activities RC No Duty RC RC RC
B?
RC
RC
19G
Unexcused violation of statute Gravity/ Likelihood BREACH Reasonable person Probably negligence Res ipsa loquitur Probably Burden/ Utility
But For Actual Substantial Factor Summers v. Tice Market Share CAUSATION Direct Foreseeable result? Type WagonMound Legal Foreseeable result? Indirect Effect of Intervening Force Dependent Independent Abnormal? Unforeseeable? Extent Type Extent Polemis
DAMAGES Last Clear Chance Contributory neg Reckless ) Pure Comparative neg Modified Express Assumption of Risk Implied
DEFENSES
B s Conduct
19H
STRICT LIABILITY
Domestic Animals Wild High Risk ) 's ACTIVITY Abnormally Dangerous Cannot Eliminate Risk Uncommon in Area Intentional (Battery) Negligence Defective Products Strict Liability Implied Warranties Express Warranty Merchantability Fitness for particular purpose
B:
Parties
): ):
Manufacturing (Flaw)
STRICT PRODUCTS LIABILITY * Also Discuss: 1) Negligence 2) Warranties
B 's Fault
19I
DEFAMATION
Defamatory Statement of Fact Reputational harm Fact vs. opinion
Also consider:
INVASION OF PRIVACY EMOTIONAL DISTRESS Intentional Negligent
Individual/Group
Common Law
Concerning
B
Use of extrinsic facts
1. 2.
Is the B a public figure or private person? Is the subject matter a public or private concern? -- Standard -- Damages
3.
Was the standard violated? A. B. Public figure B v. Media ) Public figure B v. Non-Media ) New York Times Malice New York Times Malice Negligence - actual damages Malice - presumed damages Negligence -presumed damages Strict Liability ? ? ?
Absolute
Conditional
19J
TORT REMEDIES
Personal injury
D R I
General TYPES OF DAMAGES Nominal Compensatory Punitive Property (Real/personal) Special Destroy Damage Take
Foreseeable Certain Unavoidable
Rental value or Ouster TRESPASS TO R.P. Mesne damages Diminution in value or Cost of repair Diminution in value or Cost of repair Public NUISANCE Private OK if special type injury Permanent nuisance-Diminution in value Loss of use, enjoyment Yes, depends on nature, extent of damages (dim in value or cost of repair) Yes, FMV All losses prox'ly caused Caveat: economic loss Caveat: mental distress alone STRICT LIABILITY (No punitives) All loses prox'ly caused Caveat: economic loss Limit: Damages flowing from dangerous propensity Depends on Theory: See above Benefit to )
Severance
Injury DAMAGES
TRESPASS CHATTEL
CONVERSION
NEGLIGENCE
(No punitives)
PRODUCTS
19K
DEFAMATION
Damage to reputation Presumed? Libel/Slander Per Se Caveat: Gertz - Actual Damages Special Pecuniary losses always recoverable Punitive-maybe Publicity - Distress plus special damages Intrusion - Distress plus special damages False light - Distress plus special damages Comm. approp. - Benefit to ) Maj: expectation (benefit of bargain) Min: out of pocket Maj: tort measure Min: K. measure Caveat: speculative
Ejectment
Legal
RESTITUTION
Replevin
Equitable (Quasi-K)
Balancing
Property Rt.
Defenses
19L
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a. iPod - Enrollees receive an iPod containing almost 45 hours of instruction, including substantive review and essay writing workshops for Torts, Contracts, Criminal Law, Real Property and Civil Procedure. The substantive review lectures provide an overview of each subject, while the essay writing workshops highlight frequently tested issues of law, teach issue-spotting approaches and explain how to properly develop and organize an essay answer. b. First Year Volume - This book contains flowchart handouts and essay hypotheticals for the review lectures and writing workshops contained on the iPod. The flowcharts are designed to be used with the review lectures to give students a visual framework for learning and organizing the law. They are also used in the workshops to develop issue-spotting approaches and to simplify exam outlining. This book also contains 15 additional essay hypotheticals with model answers for practice. These may be submitted for grading; additional charges apply. 2. Baby Bar Review (if applicable) - BarPassers offers a complete home study review program for students planning to take the June or October Baby Bar Exam. Enrollees receive an iPod containing substantive review lectures and essay writing and multiple choice skills workshops for Torts, Contracts and Criminal Law. Enrollees also receive our Baby Bar Review Volume which contains flowchart handouts for the review lectures and essay and multiple choice hypotheticals for the workshops. Additional essay and multiple choice questions are included in the volume for practice. Exam grading is also available for an additional charge. For added flexibility, home study programs are available at any time.
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