Elements i Defendant infringed on real property ii Defendant action is

Elements i defendant infringed on real property ii

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Elements i. Defendant infringed on real property ii. Defendant action is intentional
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iii. Actual entry onto property iv. Injury = right to use the deprived space b. Defenses i. Permission: can be taken away, has limits ii. Necessity: escaping danger c. Related crimes i. Burglary: breaking and entering element ii. Larceny: going on someone else’s property to take things iii. Robbery: stealing from someone in their presence while on their land iv. Arson: going on someone’s property to start a fire 6. Invasion of privacy a. Categories i. Appropriation of name or likeness w/o permission ii. Intrusion: anticipated privacy broken iii. Disclosure of private facts iv. False light: similar to defamation, don’t need damaged rep b. Defenses i. Emergency situation ii. Newsworthiness iii. Doctor releasing necessary info 7. Intentional emotional distress a. Elements – if proved most likely win case i. Intent to hurt ii. Conduct extreme and outrageous iii. Proximate cause: direct link to injury iv. Some type of injury, hard case to make b. Defenses i. Already emotionally distressed ii. Reasonable person standard iii. Some states don’t allow this as standalone tort iv. Self-defenses, need jurisdiction 8. Fraud a. Elements i. Intentional misleading statement ii. Plaintiff relies on statement iii. Plaintiff is injured financially or property-wise b. Defense i. No real defenses 9. Conversion/Trespass to personal property (PARALLEL TO LARCENY) a. Elements i. Taking or damaging another’s personal property ii. Intent to not give back b. Defenses i. Borrowing or returning
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ii. Consent c. Crimes i. Larceny ii. Burglary iii. False pretenses iv. Embezzlement v. Forgery 10. Nuisance a. Elements i. Defendant is disrupting plaintiff ii. Plaintiff trying to enjoy property b. Defenses i. Nuisance was there before c. Special Issues i. Employer liability 1. Scope of employment: doing their job a. Ex. UPS driver from when he is on until off the clock ii. Joint and several liability 1. Plaintiff can pick who pays 2. Helps make plaintiff whole 3. Contribution = reimbursement 4. Some states have modified the rule 5. Defendant more than 50% involved, pay all of it a. Different states have different rules d. Business Torts i. Intentional Interference w/ business relationship 1. Elements a. At least 3 parties b. Intentional interference c. Business relationship: needs contract d. Proximate cause e. Financial injury 2. Defenses a. Manager’s privilege: getting out of contract b/c better business option b. Justification: public policy (ex. Monopoly) ii. Protection 1. Deceptive Trade Practices Act a. Protects consumer 2. Lanham Act a. Protects competition and prices 3. Commercial defamation a. Defamation against a business b. Same elements c. Easier to tell if injured d. Must be true e. If it’s clearly an opinion, it’s OK f. Media, it’s their job
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e. Damages i. Compensatory: paying you back ii. Consequential: one-step removed (insurance covers) iii. Speculative: no way to link losses to event, never rewarded 1. Plaintiff tries to make speculative consequential iv. Punitive: must be intent, punishment, big damages, deterring effects 3.
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  • Spring '08
  • Baker
  • i., ii., Embezzlement, a. Elements

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