Torts

Trespasser

An undiscovered trespasser is owed no duty under the common law. Anticipated trespassers need to be warned of active operations and artificial conditions that are unreasonably dangerous.

Licensee

A licensee is one who is invited onto the land of another as a social guest. They are owed to warnings regarding unreasonably dangerous conditions involving active operations, hidden but discovered dangers, artificial and natural conditions. Though it is not clear whether Johnny was invited as a social guest, he is probably a licensee because Harold's son probably invited him to come over to play. Therefore, Johnny is a licensee and Harold owes him the warning to unreasonably dangerous conditions.

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Invitee

An invitee is one who has been invited onto the land of [sic] property of another for the property owner’s benefit. The rule for invitees is that the property owner owes all the same duties that is [sic] owed to licensees, plus the owner needs to make reasonable inspections for unreasonable dangerous conditions existing on the premises. Here, Johnny seems to have no obvious economic benefit to Harold as probably not invitee.

Misappropriation

The defendant used plaintiff's name or likeness for plaintiff's commercial advantage. Defense 1: Newsworthiness- A person's name or likeness can be appropriated for public consumption if it involves a matter of public concern. Defense 2: Freedom of speech: First Amendment right to free speech.

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false light

The defendant attributed to plaintiff actions she did not take, view she she does not hold. Defense: Truth

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intrusion upon seclusion

The defendant invaded a space within which plaintiff had a reasonable expectation of privacy. Defense: Public Place with no reasonable expectation of privacy.

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public disclosure of private facts

the defendant revealed private facts about plaintiff that were facts that a reasonable person would object to being revealed in a public fashion. Truth is no defense.

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Defamation

(1) The defendant made a defamatory statement, (2) of or concerning the plaintiff, (3) published, (4) to third persons, and (5) that plaintiff suffered damages to her reputation. Public Official: needs falsity and fault.

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Malicious Prosecution

Malicious prosecution requires (1) filing of a claim against a party for a purpose other than seeking justice,(2)the claim being dismissed in the defendant's favor(3)that there was a not sufficient probable cause to bring the claim, and (4) damages.

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