Note Failure to provide a means of escape when theres a duty to do so is a

Note failure to provide a means of escape when theres

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Note: Failure to provide a means of escape when there’s a duty to do so is a sufficient permission to satisfy the tort f) Interference w/business relations (can include interference with an existing contract or interference with prospective economic advantage) i) The existence of the contractual relationship between plaintiff and a third-party (or valid business expectancy) ii) Defendants knowledge of the contractual relationship iii) Intentional interference iv) Damages v) Note: there is a privilege to use proper means to obtain business (argue the facts, bc it depends) 2) Defenses to intentional torts a) Consent ( Majority Rule: one cannot consent to a criminal act) i) Apparent – is the consent a reasonable person would infer from custom and usage to P's conduct b) Defense to property / recapture of chattels (typically raised as the offenses against intentional Portland’s of assault, battery, false imprisonment) i) Deadly force may not be used to defend property or recapture chattels, and ii) Force may be used to recapture chattels only when one is in hot pursuit of the wrongdoer c) Self-defense i) Defendant was not at fault and create a situation ii) At bona fide believe he was in imminent danger of death worse serious bodily harm, and iii) His only means of escape was to use force d) Necessity, under this doctrine a person may interfere with the real or personal property of another if: i) It’s reasonably necessary to avoid threatened injury from some natural or other source, and ii) The harm to be avoided is substantially more serious than the interference iii) Note: (1) If the actors for public good defense is absolute – no damages are owed to the other property (2) That the act is to benefit a specific person or property – actor must pay for any damage caused (3) Actor acting under necessity not only has a defense but me also have an intentional tort claim against the party to use force to defend property without the right to do so 3) Defamation a) Prima facie case i) Publication to a third person ii) Statement understood as defamatory of the plaintiff iii) Causes damage to plaintiffs reputation iv) Note: typo of Damages P must prove depends on whether the defamation constitutes libel or slander b) Libel is the written or printed publication of the defamatory language where plaintiff does not need to prove special damages—General damages are presumed c) Slander is spoken defamation where P must prove special damages unless defamation falls within slander per se category i) Inabilities in trade or business ii) A loathsome disease iii) Crime involving moral turpitude iv) Unchastity of a woman d) Public concern + public figures – when the defamation and balls with figure and matter of public concern, P must prove: i) Common-law elements ii) Falsity of the statements iii) Malice e) Private figure + public concern i) Negligence ii) Actual injury iii) Falsity iv) Common-law elements 2
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