MBE Torts Flashcards
When does intent for battery exist?
Intent for battery exists when the defendant:
(1) intends to cause contact with the plaintiff’s person,
(2) intends to cause contact with a third party but instead causes contact with the plaintiff, or
(3) intends to commit an assault but instead commits a battery
When is there liability for intentional infliction of emotional distress (IIED)?
A defendant is liable for intentional infliction of emotional distress (IIED) when the defendant, by extreme and outrageous conduct, intentionally or recklessly causes the plaintiff severe emotional distress. Conduct is considered extreme and outrageous if it exceeds the possible limits of human decency, so as to be entirely intolerable in a civilized society.
What are the differences between the torts of trespass to chattels and conversion?
Trespass to chattels:
- Minor intentional interference with plaintiff’s right to control chattel
- Liable for actual damages (cost of repairs, loss of use)
Conversion:
- Substantial intentional interference with plaintiff’s right to control chattel
- Liable for fair market value of chattel at time of conversion
What is the standard for res ipsa loquitur (when a defendant’s negligence may be inferred)?
Traditional approach (majority view):
- Plaintiff’s harm would not normally occur unless someone was negligent
- Defendant had exclusive control, or was responsible for all others who had control, over thing that caused harm, and
- Plaintiff did nothing to cause harm
Third Restatement (minority view):
- Accident that caused plaintiff’s harm is type that ordinarily happens due to negligence of class of actors
- Defendant is relevant member of that class
What is pure several liability?
When multiple defendants cause the plaintiff indivisible harm, the plaintiff can only recover from each defendant the portion of damages that corresponds to that defendant’s proportionate share of fault (e.g., 15% of the damages for 15% of the fault)
Against whom can strict products liability claims be brought?
Strict products liability claims can only be brought against commercial suppliers or sellers (the defendant must be in the business of manufacturing, selling, or otherwise distributing the type of defective product that harmed the plaintiff). Those in the business of providing services are not subject to strict products liability.
When can someone who is a public figure/official recover for defamation?
A plaintiff who is public figure or official can recover for defamation only if the plaintiff proves that the defendant made a false statement about the plaintiff with actual malice—i.e., with knowledge or reckless disregard of the statement’s falsity.
For IIED, when the plaintiff’s distress stems from conduct that physically or emotionally harmed a third party, what must the plaintiff generally prove?
- The plaintiff contemporaneously perceived (i.e., saw or overheard) the defendant’s conduct.
- The plaintiff was a close relative (i.e., immediate family member) of the harmed third party.
- The defendant knew that the plaintiff was present and closely related to the harmed third party.
What is a guest statute?
Under a “guest statute” (only enacted in a minority of jurisdictions), the only duty that automobile drivers owe to their guests is to refrain from gross or wanton and willful (i.e., reckless) misconduct.
This is in contrast to most jurisdictions, where automobile drivers owe a duty of ordinary care to their passengers (persons who pay money for the ride) as well as their guests (persons who ride for free).
What is the modern approach to land-possessor liability?
Land possessors owe all land entrants—except flagrant trespassers—a duty of reasonable care to protect them from foreseeable risk of harm. A flagrant trespasser is one who enters another’s land without permission and whose entry is particularly egregious—e.g., entry that results in commission of a crime.
What is intrusion upon seclusion?
Intrusion upon seclusion (a type of invasion of privacy) occurs when the defendant intentionally intrudes on the plaintiff’s private affairs in a manner that would be highly offensive to a reasonable person.
When may a public figure recover for IIED?
A public figure may recover for intentional infliction of emotional distress based on the defendant’s publication if the defendant (1) acted in an extreme and outrageous manner, (2) intentionally or recklessly caused the public figure severe emotional distress, and (3) published a false statement of fact with actual malice.
What is a private nuisance?
Private nuisance is a substantial and unreasonable interference with the use and enjoyment of the plaintiff’s property. An interference is substantial if a normal person in the community would find the interference offensive, annoying, or intolerable—even if the plaintiff is not personally bothered by it.
In contributory negligence jurisdictions, when is the plaintiff’s own negligence a complete bar to recovery?
In contributory negligence jurisdictions, the plaintiff’s own negligence is a complete bar to recovery in a negligence action, but it is no defense to strict liability.
When is assumption of the risk a defense to strict liability claims based on injuries caused by wild or abnormally dangerous domestic animals?
Assumption of the risk is a defense when the plaintiff voluntarily engaged the animal despite knowing of its dangerous propensities.
