Intentional Torts 1. Battery a. Harmful or Offensive (unpermitted) contact b. With the Person of the Plaintiff(P) 2. Assault a.

Reasonable apprehension (not fear or intimidation) b. Of an immediate battery. (not words alone, but words can undercut) 3. False Imprisonment a. Sufficient act of restraint. (not threats, inaction sufficient, P aware of confinement, length of time doesnt matter) b. Within a bounded area. (more than mere inconvenience, no reasonable means of escape.) 4. Intentional Infliction of Emotional Distress a. Outrageous conduct (dont consider super sensetivities unless known.) i. Common carriers, innkeepers and professionals w/ confidential relationship have heightened duty of care) b. With a physical Manifestation of shock. (Damages) c. Intent (Recklessness can suffice, not transferable.) 5. Trespass to Land a. Act of physical invasion (no knowledge req) b. To real property (including reasonable distance above or below) 6. Tresspass to chattels and Conversion a. Act that interferes with (damage is trespass, destruction is conversion) b. P right to possession. Defenses to Intentional Torts 1. Consent Express or implied (must have capacity, implied arises through custom and usage or P own conduct towards D) 2. Self Defense justified in using reasonable force to prevent what is reasonably believe to be imminent incoming threat of force. a. GA no duty to retreat when death or serious personal injury threatened. 3. Defense of others may defend another in same manner and under same conditions as would be allowed for self defense. (not liable if reasonably believed other was in danger) 4. Defense of Property may use reasonable force to defend (generally not deadly force) a. GA stand your ground rule allows use of deadly force to protect owners home or personal property, and all other property when necessary to prevent forcible felony. 5. Necessity Only applicable to Property intentional torts. a. Public Necessity (unlimited privilege, protect a lot of people) b. Private Necessity: a qualified privilege, protect a limited # of people.) Miscellaneous Torts 1. Defamation a. Defamatory Statement (injures P reputation)

Torts Mini Review

b. Of or concerning P (reasonably understood to refer to P, GA no group application, only individual.) c. Publication (communication) of statement to 3rd party (3rd party understands, publication is at least negligent in that offense could have been prevented) d. Damages (Slander, A.K.A. spoken, requires special damages, Libel, A.K.A. written, juries presume damages. GA libel is special damages as well unless Libel per se) i. Slander per se (can recover presumed damages, GA also libel per se) e.g., impuning P in trade, office or profession, Accusation of Serious crime, Loathesome Disease, (Not in GA, but otherwise unchastity of a woman), GA disparaging words productive of special damages. e. Defenses i. Truth ii. Privilege (Absolute) 1. Judicial Proceedings 2. Legislative or executive proceedings 3. Communications between spouses (GA conditional priviledge) iii. Qualified Privileges 1. Furtherance of public duty. 2. Furtherance of Private Duty 3. Furtherance of Speakers own Interest 4. Commentsof Counsel 5. Comments concerning public figures. iv. Con* Limitations (1st amendment protects speech on matters of public concern.) 1. P must prove falsity of the statement. 2. P must prove some level of fault on P. a. Public Persons: Malice, knowledge of falsity or reckless disregard for truth. (must prove for damages, presumed or punitive) b. Private Persons: At least negligence Invasion of right to privacy 1. Appropriation (use of name or picture FOR COMMERCIAL ADVANTAGE without permission a. Must be used for advertising, promotional or labeling purposes. 2. Intrusion - Interference with P seclusion, in way objectionable to reasonable person. (Must be in place where P has expectation of privacy) 3. False Light dissemination of information that is in some way inaccurate and would be objectionable to reasonable person. ( P can control how he is viewed.) 4. Public Disclosure of Private Facts dissemination of factually accurate info that would normally be confidential, which would be objectionable to reasonable person. (Newsworthy disclosures arent actionable) 5. Defenses Consent, Absolute and Qualified Priviledges (for false light and public disclosure) Commercial Transactional Torts

1. Fraud a. Falsity Affirmative misrep (silence not sufficient) b. Knowledge of Falsity c. Intent to Induce Reliance Must be material statement d. Justifiable Reliance justifiable to rely on opinion of one who has superior skill or knowledge in the subject matter of transaction. i. GA Absent confidential relationship, P generally has duty to investigate D statements to extent reasonably possible (Read before SIGNING!!!) e. Damages i. Normally confined to Commercial transactions, with Privity. 2. Intentional Interference with Business Relations a. Inducing Breach of K , or interference with K relations, or Interference with Prospective Economic Advantage i. GA additionally (1) D is stranger to K, and (2) Interference is malicious. 3. Wrongful Institution of legal proceedings a. Malicious prosecution = Criminal b. Abuse of process = Civil i. GA abusive litigation , must be malicious without substantial justification, must give 30 day notice. NEGLIGENCE 4. Duty (owed to Foreseeable victims) a. Always Rescuers and Viable Fetuses b. Exercise amount of care a REASONABLY PRUDENT PERSON under same or similar circumstances would exercise i. Includes modifications for superior skill or expertise, physical disabilities. c. Special duties: Child = reasonable care of like age, experience and intelligence (unless in adult activity), Professionals = knowledge and skill of ordinary member of profession in good standing (GA locality rule applies to facilities, also need affidavit of an Export, specifying Act of Professional neg.) i. GA doesnt recognize informed consent. Only for diagnostic and surgical procedures. 1. Emergency medical care: P must prove gross negligence by clear and convincing evidence. 2. Legal malpractice: P must prove causation. (case within a case) d. Owners and occupiers of land: i. Undiscovered Trespasser = Cant actively harm, but no duty to guard or warn ii. Discovered trespassers = known or should have known of the trespass, Duty not to engage in harmful conduct (no death traps) iii. Licensee = social guest = Reasonable care owed, in particular with regard to discovered hazard. iv. Invitee = Reasonable Care and duty to inspect. e. Negligence per se (statutory standard of care) = check if it is the class of person, class of risk. If so then look to see if compliance is more dangerous

than no, or if compliance was impossible. GA no tort cause of action unless liability flows from statute itself, or common law of torts or K. f. Negligent infliction of emotional distress i. Generally no duty = no liability ii. Zone of danger exception 1. GA = impact rule requires physical impact, resulting in physical injury. iii. Bystander Recovery 1. GA = common force parent witnesses childs death, and also impacted by the common force. 5. Breach a. Must be specific Conduct i. Evidence of custom = always admissible never conclusive. ii. Res Ipsa Loqutur (P gets to Jury doesnt auto win) 1. Ordinarily doesnt occur without negligence 2. Injury causing instrument was in exclusive control of D. 6. Causation a. Cause in fact = But for test i. Alternatively = substantial factor test for multiple D, burend shifting with multiple D & unknown cause. b. Proximate cause = Limits D liability to harms within risks of his activity. i. Direct cause = D liable (err on side of finding for P) ii. Indirect Cause Foreseeable Intervening Unforeseeable Intervening Cause Cause Foreseeable Result P wins Probably D wins Unforeseeable Result Probably P wins D wins iii. Where intervening cause will almost never cutt off liability. 1. Subsequent Medical Malpractice 2. Negligent Rescue 3. Reaction Forces 4. Subsequent Diseases or Accidents iv. Where intervening cause doesnt cut off liability if D can anticipate it. 1. Negligence of 3rd party 2. Criminal conduct GA requires substantially similar prior criminal activity to be foreseeable 3. Acts of God. 7. Damages 8. Defenses a. Contributory Neg = no recovery i. Last clear chance ii. Avoidance of consequences b. Assumption of Risk = complete bar to recovery i. Express = complete bar,

1. Except cant K out obligation to operate with proper care. ii. Implied = P had knowledge of the risk, & encounter w/ hazard was voluntary. 1. Absence of alternative destroys voluntariness. 2. Emergency situations destroy voluntariness. c. Comparative Neg i. Pure = win whatever % D was negligent ii. Modified = win whatever extent D neg is Greater than P. (this Is rule in GA) Strict Liability 1. Animals a. Trespassing animals = liability varies according to type of animal. b. Personal injury = none for domestic animals, unless knowledge of propensity, or leash laws in effect, Ordinary care for livestock, wild animals are always strict liability, unless indigenous. 2. Abnormally Dangerous Activities a. Incapable of being conducted without high risk. b. If harm occurs likely to be severe c. Activity is uncommon in its location. Product Related Injury (could be Negligence theory, strict liability, or Warranty) 1. D is Merchant Seller ( GA Manufacturer) 2. Product is defective a. Manufacturing Defect = anomaly b. Design Defect = problem common to each unit, could have been eliminated through reasonable alternative design. 3. Defect existed when it let D hands 4. P made foreseeable use of product. 5. Defenses a. Contrib Neg will not bar recovery, b. Assumption of risk bars recovery Private Nuisance = Substantial and unreasonable interference with use and enjoyment of real estate. Courts weigh equities in deciding whether to enjoin activity. Public Nuisance = Physical or moral harm to the public in general. (Private P must suffer an injury different from rest of the community.) Wrongful Death 1. Wrongful Death Actions = Decedents beneficiaries for their own loss of support and companionship. a. GA = 2 types of claims: Survival statute and the full value of decedents life. i. Spouse, then Children, then Parents, then Personal representative 2. Survival Actions = suits brought by estate based on claims Decedent could have maintained in his lifetime. 3. Solatium (pain and suffering to beneficiaries) not recoverable in GA. 4.