Torts Flashcards

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1
Q

What damages are available under the eggshell Plaintiff rule?

A

Damages are available for all harm stemming from Defendant’s negligence; even the harm that was unforeseeable and unusually severe

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2
Q

What 3 elements are required for a tort false imprisonment claim?

A

(1) Defendant intended to confine Plaintiff within a limited area
(2) Defendant’s conduct caused Plaintiff’s confinement or Defendant failed to release Plaintiff despite owing a duty to do so
AND
(3) Plaintiff was conscious of the confinement at the time it occurred

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3
Q

In jurisdictions that follow the traditional approach, what duties does a land possessor have to (1) trespassers (2) licensees and (3) invitees?

A

(1) trespassers = on land w/o consent or privilege:
(a) known/frequent trespassers: warn & protect against concealed, dangerous, artificial conditions
(b) unknown/unanticipated trespassers: no duty

(2) licensees = on land w/ permission, social guest:
warn of known latent dangers and use reasonable care in active operations

(3) invitee = on land open to public or for business purposes:
duty to inspect for unknown dangerous, make premises safe or provide warnings & prevent harm from active operations

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4
Q

What is a misappropriation of the right to publicity tort claim?

A

(1) Defendant used Plaintiff’s identity, name or likeness
(2) without Plaintiff’s authorization
(3) for Defendant’s advantage
AND
(4) resulted in injury to Plaintiff

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5
Q

What is the bystander liability theory under a negligent infliction of emotional distress claim?

A

Defendant can be held liable when:

(1) Defendant negligently caused serious bodily injury to a close relative of Plaintiff
(2) Plaintiff perceived the event
AND
(3) Plaintiff suffered serious emotional distress

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6
Q

What is the zone of danger liability theory under a negligent infliction of emotional distress claim?

A

Defendant can be held liable when:

(1) Defendant’s negligent conduct places Plaintiff in danger of immediate bodily harm
AND
(2) that danger causes Plaintiff serious emotional distress

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7
Q

4 instances when Defendant has an affirmative duty to act?

A

(1) Defendant places Plaintiff in danger

(2) Defendant has a special relationship w/ Plaintiff

(3) Duty is imposed by law

(4) Defendant begins to administer aid or attempts to rescue Plaintiff

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8
Q

What 4 elements are required for an intentional interference with a contract claim?

A

(1) valid contract existed b/w Plaintiff and third party

(2) Defendant knew of the contractual relationship

(3) Defendant intentionally and improperly interfered with the contract’s performance

(4) interference caused Plaintiff pecuniary loss

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9
Q

In modified comparative fault jurisdictions, what are the majority and minority rules as to Plaintiff’s share of fault?

A

Majority of jurisdictions = recovery is barred if Plaintiff’s share of fault greater than share of fault for Defendant

Minority of jurisdictions = recovery is barred if Plaintiff’s share of fault is equal to or greater than share of fault for Defendant

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10
Q

What are the 3 elements of res ipsa loquitur?

A

(1) injury is type that would ordinarily not occur without negligence

(2) instrumentality causing injury was within exclusive control of Defendant

(3) Plaintiff was not responsible for their injury

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11
Q

What are the 3 elements of intentional infliction of emotional distress?

A

(1) Defendant engaged in extreme and outrageous conduct

(2) Defendant intended to cause Plaintiff emotional distress or recklessly disregarded risk of causing distress

(3) caused Plaintiff severe emotional distress

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12
Q

What are the 3 elements of negligence per se?

A

(1) Defendant violated statute or ordinance

(2) Plaintiff suffered type of harm that statute was intended to protect against

(3) Plaintiff was in class of persons intended to be protected by statute

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13
Q

What are 3 elements for a battery tort claim?

A

(1) Defendant intended to cause contact with Plaintiff’s person

(2) Defendant’s affirmative conduct causes contact

(3) contact causes bodily harm or is offensive to Plaintiff

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14
Q

In what 4 instances is a doctor not required to explain all risks associated with a medical procedure to a patient?

A

(1) risk is commonly known

(2) patient waives or refuses the information

(3) patient is incompetent (still must try to gain consent from guardian)

(4) disclosure would be detrimental to the patient

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15
Q

In an ordinary negligence action, what is Plaintiff’s recovery for only economic losses?

A

When Plaintiff only suffers economic loss without physical harm = generally unable to recover economic loss b/c Defendant does not have general duty to avoid unintentional infliction of economic loss

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16
Q

In a strict products liability claim, what is the risk-utility test as applied to whether a design defect exists?

A

Plaintiff must prove:

(1) reasonable alternative design was available to Defendant; must be economically feasible

(2) failure to use that designed rendered the product not reasonably safe

17
Q

What are the 3 elements of a strict products liability claim?

A

(1) product was defective
(a) manufacturing defect
(b) design defect
(c) failure to warn

(2) defect existed at the time product left Defendant’s control

(3) defect caused Plaintiff’s injuries when product used in intended or reasonably foreseeable way

18
Q

What are 4 instances when an employer may be liable for the torts of an independent contractor?

A

(1) employer negligent in selecting contractor

(2) function is inherently dangerous

(3) employer is storekeeper or operator of premises open to public with a duty to keep premises safe

(4) the function is non-delegable

19
Q

What 4 elements must Plaintiff establish to prevail in a slander claim?

A

(1) Defendant knowingly made a false statement about Plaintiff or negligently failed to determine its falsity

(2) type of statement would tend to harm Plaintiff’s reputation

(3) Defendant intentionally or negligently communicated that statement to a third party

(4) statement caused Plaintiff special harm (monetary loss)

20
Q

What does the firefighter’s rule provide?

A

Rule bars professional rescuers from recovering for harm that resulted from the special dangers of their jobs

21
Q

In what 2 instances may an initial aggressor gain the right to act in self-defense?

A

(1) initial aggressor’s use of force is met with deadly force

(2) initial aggressor, in good faith, completely withdraws from the altercation and communicates that to the victim