Torts Templates
The writing templates of this subject are presented in the following outline. The outline prioritizes practicality, offering context to clarify the relationships between templates and provide a clear framework.
Intentional Torts
Claims of intentional torts can be directed either (1) against a person or (2) against property, as outlined below. (3) Defenses to intentional tort claims are generally applicable across both categories. However, their applicability and effectiveness depend on the specific tort alleged, the nature of the defense, and the facts of the case.
1. Claims of Intentional Torts Against a Person
2. Claims of Intentional Torts Against Property
3. Defenses to Claims of Intentional Torts
- Consent
- Self-Defense (free sample)
- Defense of Others
- Necessity
- Discipline of Minor
- Protection of Mentally Impaired
- Citizen Arrest
- Assistance of Law Enforcement
- Law Enforcement Official
- Merchant Defense
- Defense of Property: Whether the defendant’s use of force is privileged by the defense of property depends on whether the defendant was (1) personally or (2) mechanically protecting property from intrusion, (3) regaining possession of property, or (4) defending another person’s property.
Negligence
Claims:
Special Liability
Special liability refers to circumstances where a party is held liable for harm even though they may not have directly caused the harm through their own actions.
Claims:
- Vicarious Liability – []
- Negligence Per Se []
- Strict Liability:
- Abnormally Dangerous Activities []
- Animals:
- Defective Product:
- Breach of Warranty []
- Negligence []
- Intentional Tort
Defenses:
- Immunity []
- Justification
- Contributory Negligence
- Assumption of the Risk
Defamation, Reputation, and Economic Torts
Defenses:
- Truth (Defamation and Trade Libel) []
- Consent
- Absolute Privilege
- Qualified Privilege
- Justification (Interference with Business Relations)
- Fair Comment (Defamation)
Invasion of Privacy Torts
Claims:
- Misappropriate the Right to Publicity
- Intrude into Private Affairs
- Place in False Light
- Publicly Disclose Private Facts
Defenses:
- Consent
- Absolute Privilege
- Qualified Privilege
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