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MBE Found. Torts III

An Introduction to Other Torts

TermDefinition
Abnormally Dangerous Activities I -A category of activity subject to strict liability. -If the activity creates a risk of serious injury to the land or chattels of the P or the the P himself and this risk cannot be eliminated through the exercise of due care, and the particular activity.
Abnormally Dangerous Activities II ... is not generally performed in that particular physical area. -Examples: Storage of explosives, fumigation, crop dusting, the storage of flammable liquids, pile driving, and the maint. Of hazard waste site
Wild Animals -An owner of a wild animal is strictly liable to persons who are injured by the animal. -Examples-Lions, tigers, bears, elephants, wolves, monkeys, and sharks, snakes, spiders.
Strict Products Liability One who sells a product in a defective conditions unreasonably dangerous to the user or consumer is held strictly liable for the harm or injury that is caused.
Defenses to Strict Liability -Assumption of Risk -Adequate warning -Product misuse
Products Liability Defendants -One who sells a product in a defective condition unreasonably dangerous to the user or consumer. -D must be a commercial seller of such products.
Misrepresentation -False Statement -Scented -Intent to induce P to act -Justifiable Reliance -Damages
Private Nuisance A disturbance that creates a substantial and unreasonable interference with the use and enjoyment of one's property.
Defamation I -Defamatory:Statement of fact, not opinion -Publication: To any 3rd party who reasonably understands -Damages: General damages presumed, special damages req. Except libel & Slander Per se
Defamation II -P's standard of proof: Fault and Falsity: Public official, public figure=malice -Private person: 1)Matter of public concern=negligence 2)Matter of private concern-Publication only
Slander Per Se Defamatory statement imputes: -Loathsome disease -Unchastity to a woman -Improper conduct in one's trade, business or profession -False accusation of a crime
Invasion of Right to Privacy -Appropriation -False Light -Intrusion upon seclusion -Pubic disclosure of Private facts.
Created by: Gkell001