,
Elements of Negligence,"1) Duty, 2) Standard of Care, 3) Breach of Duty, 4) Actual Cause, 5) Proximate Cause, 6) Damages, 7) Defenses (comparative negligence and assumption of the risk)"
Benefit of the Bargain test,"In a misrepresentation action, the plaintiff is entitled to damages measured by the difference of what the property was represented at vs. what the property was actually at"
The 5 elements of intentional torts,"1) A voluntary act, 2) Intent, 3) Causation, 4) Harm or Injury, and 5) Defenses or Privileges"
Popcans,"1) Privilege, 2) Defense of others, 3) defense of property, 4) consent, 5) authority, 6) Necessity, 7) self-defenses"
Battery,is when the defendant intentionally causes harmful or offensive contact to the plaintiff or something closely related to the plaintiff
Assault,is where the defendant intentionally places the plaintiff in reasonable apprehension of an imminent battery
Apprehension,understanding
False Imprisonment,"is when the defendant intentionally confines the plaintiff to a bounded area, against the plaintiff’s will and the plaintiff knows of or is injured by the confinement"
Trespass to Land,an intentional action that causes a physical invasion of the plaintiff’s land
Trespass to chattels,is when the defendant intentionally inter-meddles with the chattel of the plaintiff
Conversion,is a trespass to chattels action where the damages ensued require a full market-value replacement of the chattel
Replevin,a remedy that arises to get back personal property one has been dispossessed of
Misrepresentation,"1) Intentional, material representation, 2) of past or present fact, 3) made with scienter or knowledge of the misrepresentation, which 4) the plaintiff unjustifiably relies upon"
Intentional interference with contracts,"1) Defendant know of specific economic advantage, 2) acted to interfere with that economic advantage with improper motives"
IIED,Defendant intentionally or recklessly engages in outrageous conduct that causes the plaintiff emotional distress
Invasion of Privacy,"1) defendant intentionally interferes with the plaintiff’s sphere of privacy, 2) does not require publication, 3) must be offensive to a reasonable person, 4) damages ensued for emotional distress with the potential for punitive damages"
Defenses to Negligence,"Comparative Negligence, Assumption of the risk, MBE is contributory negligence"
Indemnification,When a defendant can collect all the proceeds from another defendant
Standard of Care,"Business Invitee, Reasonably Prudent Person or Innkeeper"
COA,cause of action
NIED,emotional distress with physical damages due to defendant’s negligence
Defamation,"Defamatory communication (must be understood as truthful and reputation-harming), directed at the plaintiff, published to a third party."
"Invasion of Privacy,",Where a defendant intentionally interfere’s with the plaintiff’s sphere of privacy
,
,
,