Flashcards in Quick Torts Deck (34):
What are the Battery Elements?
Any 1) intentional Harmful or Offensive touching (ANYTHING unconsented) and causation - NO DAMAGES required
What are the elements of Intentional Infliction of Emotional Distress?
Any 1)extreme and outrageous conduct 2)intentional (or reckless)
3) that causes severe emotional distress....NO PHYSICAL HARM required
What are the elements of Conversion?
Any 1) intentional act that causes
2) serious interference w/ P's chattel (does not have to be complete depravation).
Intent element is not intent to commit coversion, only intent to commit the act that resulted in a conversion.
What is the Attractive Nuissance Doctrine?
Land owner is liable for a child trespasser who is injured by a dangerous artificial condition,
even if the child was attracted to the property not by that condition.
1) dangerous condition on land
2) ownser knows that children frequent the area
3) condition is dangerous BECAUSE the child is unable to appreciate the risk
4) expense of remedying the situation is slight compared to the magnitued of the risk
What duty of care does a land owner (or tenant) owe to a social guest?
Social guests are considered licensees, land owners or tenants have a duty to warn or make safe dangerous conditions KNOWN to the owner or tenant that creates an unreasonable risk of harm, and one that the Licensee is unlikely to discover (if its an obvious dangerous condition, can't recover)
What are the elements of Negligence Per Se?
1) P is in the class that the violation of the statute was inteneded to protect 2) The statute was designed to prevent the harm that occurred 3) The statue clearly specifies what is required. Exception: VIOLATION OF STATUE MAY BE EXCUSED WHERE COMPLIANCE WOULD CAUSE MORE DANGER THAN VIOLATION or beyond D's control. If exception is applied and therefore P cannot make out a Prima Facie case, D can win on directed verdict!
What is Pure Comparative Negligence?
P can recover only the percentage of damages suffered not caused by P. Can collect entire amount from ANY D. D would then have a contribution claim for whatever percentatge was not their fault.
When is a warning required on products for strict products liability cases?
When the manufacturer knows that the product is commonly used in a way not intended, and that misuse can cause harm. Manufacturer is strictly liable if there is an inadequate warning.
What is the prima facie case for trespass?
1) an act of physical invasion of the plaintiff's RP
2) INTENT on the D's part to bring about a physical invasion (doesn't have to intend to trespass, D's act set in motion causes a physical invasion) and 3) Causation
What are the element of Invasion of Privacy public disclosure of private facts?
1) Publication of 2) private information 3) disclosure would be highly offensive to a reasonable person......No liability for publication of matters occurring in public places/OR of PUBLIC INTEREST
When does a right of indemnity exist?
A person who is held liable for damages caused by another simply because of his relationship to that person may seek indemnification from the person whose conduct actually caused the damage.
What are the elements of False Light Invasion of Privacy?
1) publication of facts about plaintiff by D placing P in a flase light in the public eye and
2) the "false light" must be something that would be highly offensive to a reasonable person under the circumstances
What are the elements of NIED?
1) D causes forseeable risk of physical injury to the P. Emotional distress without physical symptoms is insufficient in most jdx HOWEVER,
P's can recover in absence of physical symptoms where D's negligence creates a great liklihood of severe emotional distress
When do qualified privileges exist in defamation cases?
Qp is recognized when the recipient has an interest in the information and it is reasonable for the D to make the publication of the statement.
Elements of Interference w/ Business Relations?
1) existence of a valid contractual relationship between P and 3rd party OR valid busienss expectancy of P
2) D's knowledge of the relationship
3)intentional interference by D that induces a breach
4) damage to P
What are the elements of Fraud?
1) Intentional misrepresentation of a present of past fact OR
2) the non-disclosure of a material matter
Can a trespasser sue for injuries if a trap using unreasonable force is being used to prevent stealing something or entering something
Yes, cannot use unreasonable force, even on tresspassers
What are the elements of false imprisonment?
1) act or omission by D
2) confined or restrained the P to a bounded area
3) intent by D
*shopkeepers have privilege to reasonably detained for a short period of time to investigate or wait for police
What are the damages for conversion?
Fair Market Value at time of conversion. D is given title to converted property upon satisfaction of judgment
What is the standard of care applied to rescuers?
Reasonably Prudent Person
What is the standard of care of a child?
like age, intelligence, education and experience.
The principal is not liable for the tortious acts of the agent it the agent if the agent is an independant contractor EXCEPT for duties that are_______
Nondelegable on public policy grounds
Misues of a product is only a defense to a strict liability claim only if the misuse was not __________by the defendant
What are the elements for proving defamation where the plaintiff is a public figure or the matter is of public concern?
Falsity + Actual Malice (actual malice=knowledge that the statement was false or reckless disregard as to its truth)
How do you show a private nuisance?
1) interference w/ P's use or enjoyment of his land
2) must be substantial
3) offensive or inconvenient , or annoying to an average person. It will not be characterized as substantial if it is ,merely the result of P's hypersensitivity.
If an IC comes onto land to fix something and creates a new danger, unbeknownst to the land owner. Can an injured party recover from the Landowner if the danger causes an injury?
Yes. Landowner's duty as possessor of land makes him liable to the neighbor for any damage in fixing something
In a defamation case, if the person on the receiving end of the information knows the information is false, is it a complete defense to defamation.
No, but it may diminsh the P's recovery (since there is obviously less harm.
In a contributory negligence jdx, a P's own negligence does what?
a P's contributory negligence bars him from recovery
In a comparative fault jdx, is a tortfeasor who is jointly and severally liable precluded from recoveing merely because he was more at fauly that the other tortfeasors?
What standard of care does a landowner have if his activities, or his guest's activities cause harm to a neighbors property?
Landowner has a duty to exercise reasonable care with respect to his own activities on the land and to control the conduct of of others on his property so as to avoid unreasonable risk of harm to those outside the property.
When would you not be liable for the injury caused by a dangerous animal?
strict liability not imposed in favor against undiscovered trespassers against landowners.
In Virginia, which of the following Torts have been abolished: adultery, alienation of affections, breach of promise, civil seduction?
alienation of affections, breach of promise, civil seduction
When would a Defendant owe a duty of care to a rescuer?
Under the principle that DANGER INVITES RESCUE, a rescuer is a forseeable plaintiff and may be able to recover for his inuries