An Introduction to Other Torts
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| 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.
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| 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
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| 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.
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| 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.
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| Defenses to Strict Liability | -Assumption of Risk
-Adequate warning
-Product misuse
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| 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.
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| Misrepresentation | -False Statement
-Scented
-Intent to induce P to act
-Justifiable Reliance
-Damages
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| Private Nuisance | A disturbance that creates a substantial and unreasonable interference with the use and enjoyment of one's property.
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| 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
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| 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
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| 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
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| Invasion of Right to Privacy | -Appropriation
-False Light
-Intrusion upon seclusion
-Pubic disclosure of Private facts.
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