Torts Essay 논점 분석
Apprehensive/concern: Assault?
Apprehension 이나 Cencern 이라는 단어가 나오면 Assault 인가를 떠올린다.
Touching/contact/ate/drank:
Touch, Contact, Ate, Drank 가 나오면 Battery 인지 여부를 떠올린다.
Battery?
Intent to touch/scare another: Transferred intent to
애초에 터치하거나 또는 놀래키려는 의도가 나오고 결국 제3자가 다치게되면 Transferred intent 를 논점으로 잡는다.
Transferred intent 정의 :
Pranks and jokes: Intent to cause apprehension/touching?
Act by child: Intent? Knowledge with reasonable certainty?
Mistaken entry to land: No defense to Trespass to Land?
AWARENESS/INJURY BY PLAINTIFF:
No apprehension: No cause of action for Assault?
No awareness of confinement: No cause of action for False Imprisonment?
Aware of confinement but stays: False Imprisonment if wrongful taking of child?
No awareness of taking: No cause of action for Conversion?
No humiliation/distress: No cause of action for IIED?
No damage to land: Cause of action for Trespass to Land?
NEGLIGENCE ISSUES:
Remote plaintiff? Did defendant have Duty to plaintiff?
Injury despite reasonable actions? Was there any Breach?
Defendant is professional? What is the standard of care?
Defendant failed to act? Did defendant have a Duty to act?
Chain of events lead to injury? Actual cause without proximate cause?
Criminal causes the injury? Intervening superseding event?
Negligent acts of two cause injury? Both Substantial Factors?
DEFAMATION ISSUES:
Former, retired official, celebrity: Still Public Figure?
Well known/star/performer: Public figure?
Crime victim or unwilling person: Are they a Public Figure?
False statements: Were statements really Defamatory?
Written, oral, videotaped: Libel or slander?
Business dealings, Disease, Morals: Libel per se?
Limited distribution of statements: Publication?
News media: Statements of public interest?
Failed to investigate: Negligence?
INVASION OF PRIVACY
Commercial use of photo/picture: Appropriation of likeness?
Said/told/revealed: Defamation/Public disclosure/Interference?
False depiction: False Light?
ABUSE OF PROCESS, MALICIOUS PROSECUTION, INTERFERENCE:
Arrested/sued: Malicious prosecution/Abuse of process?
AFFIRMATIVE DEFENSES:
Detainment of customer in store: Shopkeeper’s Privilege – reasonable?
Pranks and jokes: No defense to assault/battery?
Assumption of risk: Defense to assault/battery?
Silence or acts by plaintiff: Consent? Implied consent?
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Negligence by plaintiff: Contributory/comparative negligence?
Forced or protective act: Necessity? Self-defense? Defense of others?
Act taken without intention of harm: Mistake of fact? Reasonable mistake?