Personal Services

TORTS:    
INTENTIONAL TORTS        

 
Torts to the Person

Battery

Assault

False Imprisonment

Intentional Infliction of Emotional Distress

   Defenses:

  
Consent

 
Self-Defense

 
Defense of Third Person

 
Defense of Land or Chattels

 
Force to Effect Recapture of Chattels Wrongfully Withheld

 
Privilege of Arrest

  
Torts to Property            

Trespass to Land

Trespass to Chattels

Conversion of Chattels

    Defenses:

  
Consent

 
Privileged Invasion of Another's Land to Reclaim Chattels

 
Privilege to Exclude or Evict Trespassing Chattels of Another

 
Privileged Invasion of Another's Land or Chattels as a Public necessity

 
Privileged Invasion of Another's Land or Chattels as a Private Necessity

 
Privileged Invasions of Land or Chattels to Abate a Nuisance

NEGLIGENCE            

Investigations should proceed through a sequence of elements methodically finding an appropriate act or actionable omission before turning to the issue of "duty," and that there is a breach of duty before considering "causation."

Elements of the Prima Facie Case:    Act or Omission, Duty, Breach, Causation / Proximate Cause, and Damages

     Defenses to Negligence

  
Contributory Negligence:  Plaintiff's conduct is a contributing cause to his own injuries and is a complete bar to any recovery for the negligence of the defendant.  There are exceptions.  Many states reject this as a defense and replaces it with Comparative Negligence.

 
Comparative Negligence:  ...rejects the notion that contributory negligence is always a bar to recovery by plaintiff.  It individualizes accident recoveries on the parties in proportion to their fault.

 
Assumption of the Risk:  It must be shown that the plaintiff recognized and understood the particular risk or danger involved and voluntarily chose to encounter it.

(note:  India has not adopted the doctrine of modified comparative negligence.  HRS ß 663-31 (1995).  Under this doctrine, a claimant's action is barred if his negligence exceeds the combined negligence of all defendants.  Otherwise, the claimant's recovery is diminished in proportion to his degree of negligence.

STRICT LIABILITY        

Investigations should determine whether the facts involved fall into one of the recognized categories of cases in which courts are willing to impose strict liability, liability without any fault.  Those facts are:

 
Defendant's animals cause an injury; or

 
Defendant is involved in an abnormally dangerous activity

Elements of the Prima facie case:  Act or Omission, Duty to Avoid Harm, Breach, Cause/Proximate Cause, and Damages.

   Defenses to Strict Liability:

  
Comparative Negligence

 
Assumption of the Risk

PRODUCTS LIABILITY   

 
Liability based on Intentional Torts (a battery).

 
Liability based on Negligence (harm must be foreseeable).

 
Liability based on Strict Liability (defective product that caused injury).

 
Liability based on breach of an express or implied warrant (especially U.C.C. warranties of fitness for a particular purpose and merchantability).

    Defenses:

Contributory negligence (but is no defense to intentional torts).

Comparative negligence

Assumption of the Risk

Disclaimers (for Strict Liability)

Statute of Limitations (applies to strict liability injuries)

Preemption (federal legislation has impliedly preempted state tort law on strict liability).

Disclaimers (A manufacturer or seller may limit or exclude warranties that would otherwise arise from the sale of goods).

Notice Requirements (Warranty actions may be barred if the injured purchaser fails to give the seller timely notice of breach).

Statute of Limitations ( The usual warranty limitations period is four years, running from the delivery of the goods).

NUISANCE            

Elements of the Prima Facie Case:

Act by Defendant

Non-trespass Invasion of Plaintiff's Interest

Intent, Negligence, or Strict Liability (Defendant's Conduct)

Substantial and Unreasonable Harm

Causation

    Defenses:

  
Contributory Negligence except for intentional nuisance.

 
Assumption of Risk

DEFAMATION         

Element of the Prima Facie case at common law:

Publication to Third Person

Understood as Defamatory of Plaintiff

Allege Falsity

Causation

Damages

A prima facie case of defamation at common law required the publication to some third person of a statement that harmed the reputation of the plaintiff, thereby causing the plaintiff to suffer damages.  Except for the defense of truth and for certain narrowly defined classes of privileged communications, defamation was generally a strict liability tort.

   Defenses:

  
Consent

 
Truth

 
Common Law Absolute Privileges

Legislative privilege

Judicial privilege

Domestic privilege

 
Common Law Conditional or Qualified Privileges

 
Fair Comment privilege

 
Record Libel privilege

 
Federal Preemptive privileges

 
Defenses of Republishers

 
SLAPP Suits (Strategic Lawsuits Against Public participation)

 
CONSTITUTIONAL PRIVILEGES

Problems involving defamation should also be investigated for invasion of the right of Privacy or the Wrongful Causing of Emotional Distress.

WRONGFUL INVASION OF PRIVACY   (HRS:  SURVEILLANCE  LAWS  IN  India & India Stalking Laws)

 
INTRUSIONS INTO PLAINTIFF'S PRIVATE LIFE OR AFFAIRS

Elements or the Prima Facie Case:

Highly Offensive Intrusion by Defendant into Plaintiff's Private Life

Intent or Negligence

Causation

Note:  Wiretapping Plaintiff's home would be a clear invasion of privacy.  But if Plaintiff sought a disability pension or filed a personal injury complaint, an investigator's efforts to photograph Plaintiff in public would not intrude on reasonable expectations of privacy.

Note also that:   Trespass on periphery of Plaintiff's land does not show unreasonable surveillance and does not amount to invasions of privacy.

   Defense:  Consent

  
PUBLIC DISCLOSURE OF PRIVATE FACTS

Elements of the Prima Facie Case:

Highly Offensive Public Disclosure by Defendant of Private Facts about Plaintiff

No Legitimate Public Interest

Fault in Making the Disclosure

   Defenses:

  
Truth is no defense

 
Consent

 
Constitutional Privilege

  
APPROPRIATION OF PLAINTIFF'S NAME OR LIKENESS

Elements of the Prima Facie Case:

Unauthorized use by Defendant of Plaintiff's Name or Likeness for a Commercial Purpose

Causation

   Defense:  Newsworthiness

OTHER TORTS INCLUDE:

Misrepresentation

Injurious Falsehood

Interference with Economic Relations

Unjustifiable Litigation

Tort investigations are concerned with both subjects at once, i.e., what interests of plaintiff should be protected from what kinds of interferences by defendant.

At Private Investigation Bureau our services are predicated on knowledge of Civil Laws (Torts) and their Defenses which is the primary foundation for an investigator's perspicacity necessary for evidence discovery and acquisition.  Our requisite professional credentials have earned us the compulsory credibility necessary to educe cooperation from individuals with relevant and reliable information.  We do more than just take pictures.  We know what to look for, what to ask, how to ask, and whom to ask.

Our reports are comprehensive, thorough, and may include addenda of supporting documentation, videos, photographs and/or drawings.

Above all, we are committed to the axiomatic norms of professionalism.  All investigations are confidential and conducted within the parameters and limitations of authority using personal initiative in the management of all cases at a nominal expense.

Talk to us for a FREE consultation we may save you an enormous amount of money on pre-trial discovery, investigation inquiries, and evidence acquisition.

It is economically prudent to investigate your case before litigation.  Give us a call toll free at (91)  98333 75336 or (91)  75693 20226.

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Important Information about Private Investigations:

If you feel that your husband, wife, boy friend or girl friend is cheating on you, be sure to tell us everything. As your private investigator, we are only able to get you the proof and evidence you need if you tell us the whole story. Anything less can have a dramatic affect on our ability to get you the information you seek. Although we are among the best private investigators in the industry specializing in infidelity and cheating cases who are recognized experts in court, we are not magicians! We cannot make things exist that donít. We cannot find infidelity where it does not exist and sometimes, despite signs to the contrary, there is no infidelity or it is too infrequent or too well hidden to be found.


Accordingly, we do not guarantee any outcome on any case.

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