Torts Mapping: The Big Picture

Type of Damages Person

Nominal Assault, battery, False Property
Intentional Torts
Compensatory Imprisonment, Mental Distress
Punitive if D acts with malice
Defenses
Rental value
Ouster
Benefit to D

Diminution in value
Trespass to Chattel
Severance Injury
Cost of Repair
Duty
Public (OK if special type of injury) Remedies Standard of Care
Permanent Nuisance Nuisance
Loss of use of enjoyment
Private Specific Torts Breach
Negligence
Fair market Value Conversion Causation
Damages
All loss proximately causes Negligence
Torts Defenses
All loss proximately caused Strict Liability

Depends on theory Products liability

Animals
D's Activities Abnormally Dangerous
D creates Defective products
Common Law Defamation: Consider Strict Liability Parties
Constitutional Law invasion of privacy, IIED,
Defect
NIED Product Liability
Defenses Damages
Privileges Defenses
 Intentional Torts Review

Intent and volitional act

Defamation
Invasion of Privacy
Reputation
Malicious prosecution, Wrongful
institution of civil proceedings, abuse
of power causation and harm

Intent to touch?
Recovery under Direct
separate tort Separate Tortious Injury? Battery Causation?
Indirect

Intent to cause severe emotional Harmful or offensive touching

distress?
Reckless disregard? Intentional Torts -
Intent to touch or cause
Causation? Person apprehension?
Children
Particular IIED Causation
Pregnant Woman sensitivities?
Assault
Elderly Harm: severe emotional distress? Emotional Harm Harm: Reasonable
apprehension imminent
Common carrier?
battery
Third party recovery?

Negligent transmission of
message? Intent to Confine or Restrain
Causation
Negligent handling of corpse?
NIED Plaintiff aware or
Mental disturbance w/
False Imprisonment harmed?
physical injury? Reasonable means of
Harm: Confinement to
bounded area escape?
False arrest or
shopkeepers privilege?

INTENTIONAL TORTS.mmap - 5/31/2004 -

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 Reasonable care to
Act foreseeable plaintiffs

Last chance General rule: No duty

Contributory Bystanders
Reckless D Creates peril

Pure Duty Reliance on promise

Comparative Defenses Good Samaritans
Modified Omission to act Reliance on conduct

Duty to care
Express
Assumption of the risk Special relationships Duty to warn
Implied
Duty to control

Damages - see remedies Statute

Professional
Negligence Carrier
Standard of Care Child/adult activity
But for
Emergency
Substantial factor
Actual Cause Custom
Summers v Tice
Mental illness
Market share
Extent
Causation
Polemis Foreseeable result
Type Direct
Wagon Mound

Proximate Unexcused violation of statute

Extent
Unforeseeable and abnormal Reasonable person
Type
Indirect
Effect of intervening force Breach Probably negligent
Res ipsa loquitur Probably D's fault
No negligence

Negligence.mmap - 5/31/2004 -
 Animals
Abnormally Dangerous
activities
Intentional (Battery)
D's Activities Negligence
defective Products (D creates
Strict liability
defective product)
Merchantability
Implied warranty
Fitness for particular purpose

Express warranty

P = buyer, user, bystander

Strict liability Parties D = manufacturer, retailer,
assembler, franchisor
Manufacturing flaw
Consumer contemplation
Defect Design defect Feasible alternative (danger v
utility)
Strict Product liability
Lack of sufficient warning
Personal injury
Damages Property damage
Economic loss
Product misuse
Defenses
P's fault

Strict liability.mmap - 5/31/2004 -

 Defamatory
Harm to reputation statement of
P = public figure or private
facts
Fact v. Opinion person

Individual or group Subject matter = pub or priv

concern
Innuendo
Concerning P Pub fig P v media
Inducement Use of extrinsic facts
D = NYT malice
Colloquium
Pub fig v. non-media
Intentional OK
D = NYT malice
Negligent OK D's fault
Priv fig P v. non-media
Strict liability NO Published to a third party
D (pub concern) =
Initial publishers
(communicated) Common Law Constitutional Law negligence / actual
Repeaters Responsible Ds damages
Disseminators Was the standard violated? Priv fig P v. non-media
D (pub concern) =
Ordinary slander
malice / presumed
Business reputation
Defamation damages
Unchaste woman
Slander per se Damaging to P's reputation Priv Fig P v. Non-media
Loathsome disease
D (priv concern) =
Crime (truth and veracity) negligence / presumed
Libel/ libel per se damages

Truth
Absolute Defenses Retraction
Privileges
Confidential Consent

Defamation.mmap - 5/31/2004 -
 Torts Comprehensive Review

Nominal
Personal injury =
general and special
Type of damages Property = where D
Compensatory
destroys, damages, or
takes
Punitive

Assault, Battery, false

imprisonment, mental Nominal
distress Compensatory
Punitive if D acts with malice
Rental value
Ouster
Benefit to D
Trespass to real property
Diminution in value
Severance injury
Remedies Cost of repair

Public (OK if special type of

injury)
Permanent nuisance = diminution in
Nuisance value
Private
Loss of use of enjoyment
Specific torts
Depends on nature and extent
of damages (diminution in
Trespass to chattel value or cost of repair)

Conversion Fair market value

Negligence All loss proximately caused

Strict liability All loss proximately caused

Product liability Depends on theory

Remedies.mmap - 5/31/2004 -
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