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MBE Found. Torts III
An Introduction to Other Torts
| Term | Definition |
|---|---|
| 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. |
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Gkell001
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