1. Apr. 16, 2004 SUMMARY OF LAST CLASS MISUSE AS A “DEFENSE” 1. UNFORESEEABLE MISUSE 2. FORESEEABLE MISUSE COMPARATIVE FAULT? RELEVANCE OF PERSONAL CHARACTERISTICS PROXIMATE CAUSE FORESEEABILITY AGAIN

2. Apr. 16, 2004 SUMMARY (CONT.) SCOPE OF PRODUCTS LIABILITY LAW: AVAILABLE DEFENDANTS HYBRID TRANSACTIONS ESSENCE OF THE TRANSACTION TEST INTRO TO DEFAMATION

3. Apr. 16, 2004 TWO QUOTES IN MISUSE HUGHES (P. 682): “AS PART OF HIS P/F CASE, P MUST ESTABLISH THAT THE PRODUCT WAS UNREASONABLY DANGEROUS [I.E. DEFECTIVE] IN A REASONABLY FORESEEABLE USE.”

4. Apr. 16, 2004 SECOND QUOTE JURADO, 619 A.2D 1312 (1993): “WHEN SOMEONE IS INJURED WHILE USING A PRODUCT FOR AN UNFORESEEABLE PURPOSE OR IN AN UNFORESEEABLE MANNER, THE MISUSE SHEDS NO LIGHT ON WHETHER THE PRODUCT IS DEFECTIVE, BECAUSE A MANUFACTURER IS NOT UNDER A DUTY TO PROTECT AGAINST UNFORESEEABLE MISUSE.”

5. Apr. 16, 2004 MORE WARNINGS! A smoke detector warns: “Do not use the Silence Feature in emergency situations. It will not extinguish a fire.” A cardboard car sunshield that keeps sun off the dashboard warns, “Do not drive with sunshield in place” A label on a hand-held massager advises consumers not to use “while sleeping or unconscious” A 12-inch rack for storing compact disks warns: “Do not use as a ladder.” A cartridge for a laser printer warns, “Do not eat toner” A 13-inch wheel on a wheelbarrow warns: “Not intended for highway use” A can of self-defense pepper spray warns users: “May irritate eyes” A warning on a pair of shin guards manufactured for bicyclists says: “Shin pads cannot protect any part of the body they do not cover.” A popular manufactured fireplace log warns: “Caution - Risk of Fire” A box of birthday cake candles says: “DO NOT use soft wax as ear plugs or for any other function that involves insertion into a body cavity.”

6. Apr. 16, 2004 STILL MORE WARNINGS A label on a baby stroller warns: “Remove child before folding A brass fishing lure with a three-pronged hook on the end warns: “Harmful if swallowed A flushable toilet brush warns: "Do not use for personal hygiene." The label on an electric hand blender promoted for use in "blending, whipping, chopping and dicing," warns: "Never remove food or other items from the blades while the product is operating." A digital thermometer that can be used to take a person's temperature several different ways warns: "Once used rectally, the thermometer should not be used orally." A household iron warns users: “Never iron clothes while they are being worn” A label on a hair dryer reads, “Never use hair dryer while sleeping” A warning on an electric drill made for carpenters cautions: “This product not intended for use as a dental drill.” The label on a bottle of drain cleaner warns: “If you do not understand, or cannot read, all directions, cautions and warnings, do not use this product.” A label on a baby stroller warns: “Remove child before folding A brass fishing lure with a three-pronged hook on the end warns: “Harmful if swallowed A flushable toilet brush warns: "Do not use for personal hygiene." The label on an electric hand blender promoted for use in "blending, whipping, chopping and dicing," warns: "Never remove food or other items from the blades while the product is operating." A digital thermometer that can be used to take a person's temperature several different ways warns: "Once used rectally, the thermometer should not be used orally." A household iron warns users: “Never iron clothes while they are being worn” A label on a hair dryer reads, “Never use hair dryer while sleeping” A warning on an electric drill made for carpenters cautions: “This product not intended for use as a dental drill.” The label on a bottle of drain cleaner warns: “If you do not understand, or cannot read, all directions, cautions and warnings, do not use this product.”

7. Apr. 16, 2004 DEFAMATION INTRODUCTION: CASSIDY (983) LIBEL/ SLANDER ELEMENTS OF CAUSE OF ACTION 1. FALSE AND DEFAMATORY COMMUNICATION CONCERNING ANOTHER 2. PUBLICATION 3. OF AND CONCERNING THE P 4. DAMAGE

8. Apr. 16, 2004 MORE DEFAMATION LIBEL: ACTIONABLE PER SE SLANDER: REQUIRES SPECIAL DAMAGES (WITH CERTAIN EXCEPTIONS) PRIVILEGES 1. ABSOLUTE 2. FAIR COMMENT

9. Apr. 16, 2004 NY TIMES v. SULLIVAN COURT’S CONCERN THE CONSTITUTIONAL PROTECTION 1. “ACTUAL MALICE”: FALSE RECKLESS DISREGARD CHANGE TO PRIMA FACIE CASE

10. Apr. 16, 2004 DEFAMATION II: GERTZ V. ROBERT WELCH, INC. HOLDING 1. STATES MAY DETERMINE STANDARD OF LIABILITY 2. BUT NO PRESUMED OR PUNITIVE DAMAGES UNLESS KNOWLEDGE OF FALSITY OR RECKLESS DISREGARD NO PUNITIVE DAMAGES RATIONALE

11. Apr. 16, 2004 DEFAMATION III: DUNN & BRADSTREET v. GREENMOSS FIT WITHIN NY TIMES FRAMEWORK PRIVATE-FIGURE / PRIVATE CONCERN CASE NOTE: ALL PURPOSE PUBLIC FIGURES v. LIMITED PURPOSE PUBLIC FIGURES

12. Apr. 16, 2004 MALICIOUS PROSECUTION THE CAUSE OF ACTION 1. D MUST INSTIGATE A PROSECUTION 2. D MUST ACT MALICIOUSLY 3. D DID NOT HAVE PROBABLE CAUSE TO BELIEVE P COMMITTED A CRIME 4. CRIMINAL ACTION TERMINTED IN FAVOR OF P CAN’T SUE UNTIL CRIMINAL ACTION OVER OR IF P IS CONVICTED.

13. Apr. 16, 2004 ABUSE OF PROCESS 1. MISUSE OF LEGAL PROCESS 2. FOR PERSONAL END. EXAMPLE: USE LEGAL PROCESS PURELY FOR EXTORTION.

14. Apr. 16, 2004 PRIVACY 4 KINDS (P. 1008) 1. INTRUSIVE INVASIONS 2. COMMERCIAL APPROPRIATION 3. FALSE LIGHT 4. PUBLIC REVELATION OF PRIVATE FACTS SOLANO