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1
Q

BATTERY

A

1) INTENT
2) HARMFUL OR OFFENSIVE CONTACT

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2
Q

ASSAULT

A

1) INTENT
2) REASONABLE APPREHENSION OF AN IMMINENT BATTERY

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3
Q

TRESPASS TO CHATTEL

A

1) INTENT
2) INTERFERENCE W USE
3) REMEDY= ACTUAL DAMAGES

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4
Q

CONVERSION

A

1) INTENT
2) SUBSTANTIAL INTERFERENCE W USE
3) REMEDY= FMV OF PROPERTY AT CONVERSION

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5
Q

TRESPASS TO LAND

A

1) INTENT
2) PHYSICAL INVASION OF LAND

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6
Q

IIED

A

1) INTENT OR RECKLESSNESS
2) EXTREME AND OUTRAGEOUS CONDUCT
3) SEVERE EMOTIONAL DISTRESS

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7
Q

BYSTANDER RULE IIED

A

1) CLOSE FAMILY MEMBER
2) D HAD KNOWLEDGE
3) SEVERE ED

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8
Q

NON FAMILY MEMBER BYSTANDERS IIED

A

BYSTANDER MUST SUFFER PHYSICAL HARM

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9
Q

FALSE IMPRISONMENT

A

1) INTENT
2) CONFINED, BOUNDED AREA
3) AWARE OF CONFINEMENT

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10
Q

SHOPKEEPER PRIVILEGE

A

1) REASONABLE BELIEF
2) DETAINED IN A REASONABLE MANNER
3) REASONABLE PERIOD OF TIME

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11
Q

NEGLIGENT TRESPASS TO LAND

A

1) NEGLIGENTLY ENTER LAND OF ANOTHER
2) LIABLE FOR DAMAGE TO LAND

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12
Q

NEGLIGENT IIED

A

1) NEGLIGENT CONDUCT
2) ZONE OF DANGER
3) SEVERE EMOTIONAL DISTRESS AND PHYSICAL HARM

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13
Q

BYSTANDER RULE NIED

A

1) CLOSE FAMILY MEMBER
2) EMOTIONAL DISTRESS

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14
Q

MISHANDLING OF A CORPSE

A

1) NEGLIGENT HANDLING OF A CORPSE
2) NO PHYSICAL HARM REQ’D

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15
Q

TRANSFERRED INTENT

A

D INTENDS TO COMMIT A TORT, BUT COMMITS:

1) A DIFF TORT OR
2) THE SAME TORT AGAINST A DIFF PERSON

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16
Q

TRANSFERRED INTENT, BOTH TORTS MUST BE FROM THE FOLLOWING:

A

ASSAULT
BATTERY
FALSE IMPRISONMENT
TRESPASS TO LAND
TRESPASS TO CHATTEL

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17
Q

DEFENSES TO INTENTIONAL TORTS; CONSENT

A

1) IMPLIED OR EXPRESS
2) CANNOT EXCEED SCOPE OF CONSENT

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18
Q

DEFENSES TO INTENTIONAL TORTS; SELF DEFENSE

A

1) REASONABLE BELIEF OF ATTACK

2) REASONABLE FORCE

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19
Q

DEFENSES TO INTENTIONAL TORTS; DEFENSE OF OTHERS

A

REASONABLE BELIEF THIRD PARTY TO BE ATTACKED

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20
Q

DEFENSES TO INTENTIONAL TORTS; DEFENSE OF PROPERTY

A

1) REASONABLE FORCE
2) REASONABLE BELIEF TO STOP INVASION OF LAND
3) CANNOT USE DEADLY FORCE TO DEFEND PROPERTY

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21
Q

PRIVATE NECESSITY

A

DEFENSE TO TRESPASS

LIABLE FOR DAMAGES TO PROPERTY

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22
Q

PUBLIC NECESSITY

A

1) PREVENTING PUBLIC HARM

2) NOT LIABLE FOR DAMAGES TO PROPERTY

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23
Q

NEGLIGENCE

A

1) DUTY
2) BREACH
3) CAUSATION
4) DAMAGES

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24
Q

DUTY

A

OWED TO FORSEEABLE PLAINTIFFS

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25
STANDARD OF CARE
REASONABLY PRUDENT PERSON
26
UNKNOWN TRESPASSER
NO DUTY OF CARE
27
KNOWN TRESPASSER
WARN OF KNOWN DANGERS
28
LICENSEE
SOCIAL GUEST WARN OF KNOWN DANGERS
29
INVITEE
BUSINESSES WARN, INSPECT, AND MAKE SAFE
30
DUTY OF A PARENT
KNEW/ SHOULD HAVE KNOWN THAT CHILD WAS LIKELY TO CAUSE HARM
31
NO GENERAL DUTY TO RESCUE UNLESS
1) ASSUMPTION OF DUTY 2) SPECIAL RELATIONSHIP
32
SPECIAL RELATIONSHIP
COMMON CARRIER INNKEEPER/GUEST TEACHER/STUDENT EMPLOYER/EMPLOYEE
33
DUTY OF A CHILD
OTHER CHILDREN OF SAME AGE, EXPERIENCE, AND MATURITY
34
DUTY OF A PROFESSIONAL
SIMILAR PROFESSIONALS W THE SAME EDUCATION, TRAINING, AND CUSTOMS EXAMPLE: o Doctor o Lawyer o Professional Athlete
35
BREACH OF DUTY
FAILURE TO COMPLY W DUTY OF CARE
36
ACTUAL CAUSATION
BUT FOR ALMOST ALWAYS MET
37
PROXIMATE CAUSATION
FORSEEABILITY
38
DAMAGES
PHYSICAL INJURY
39
INTERVENING CAUSE
FORSEEABLE EVENT PAY ALL DAMAGES
40
SUPERSEDING CAUSE
UNFORSEEABLE EVENT CUTS OFF LIABILITY ACT OF GOD, INTENTIONAL TORT, CRIMINAL ACT
41
NEGLIGENCE PER SE
1) VIOLATION OF ORDINANCE/ STATUTE 2) INJURED PARTY IS OF PROTECTED CLASS 3) INJURY IS OF THE TYPE STATUTE WAS TRYING TO PREVENT
42
RES IPSA LOQUITOR
CREATES AN INFERENCE OF NEGLIGENCE IF 1) ACCIDENT WOULD NOT NORMALLY OCCUR ULESS NEGLIGENCE 2) DEFENDANT HAD EXCLUSIVE CONTROL
43
MODIFIED/ MODERN COMPARATIVE NEGLIGENCE
PLAINTIFF CANNOT RECOVER IF MORE THAN 50% AT FAULT
44
PURE COMPARATIVE NEGLIGENCE
P'S DAMAGES REDUCED BY % OF FAULT
45
CONTRIBUTORY NEGLIGENCE
P CANNOT RECOVER IF AT FAULT
46
LAST CLEAR CHANCE EXCEPTION
D HAD LAST CLEAR CHANCE TO AVOID ACCIDENT D DID NOT DO SO P CAN RECOVER
47
ASSUMPTION OF THE RISK
MUST HAVE KNOWLEDGE MUST APPRECIATE THE DANGER
48
JOINT AND SEVERAL LIABILITY
2 OR MORE PPL CAUSE SINGLE ACCIDENT ALL D'S JOINTLY AND SEVERALLY LIABLE FOR DAMAGES
49
CONTRIBUTION
CO-DEFENDANTS CAN SUE TO RECOUP MONEY
50
VICARIOUS LIABILITY
EMPLOYER LIABLE FOR NEGLIGENT EMPLOYEES EMPLOYEES ACTING W/IN SCOPE OF EMPLOYMENT
51
INDEPENDANT CONTRACTORS- GENERALLY NOT LIABLE UNLESS
1) ABNORMALLY DANGEROUS ACTIVITY 2) NON DELEGABLE DUTY
52
NON DELEGABLE DUTY
DUTIES THT INVOLVE SAFETY OR BENEFIT OF THE PUBLIC EXAMPLE : Non-Delegable Duty: o Chop off ice on sidewalk o Clean windows o Polish floor in office building Not a Non-Delegable Duty: o Redoing Jon’s bathroom
53
INDEMNIFICATION
MAY SEEK INDEMNIFICATION FROM WHOEVER ACTUALLY CAUSED THE DAMAGE
54
STRICT LIABILITY
1) POSSESSION OF WILD ANIMALS 2) ABNORMALLY DANGEROUS ACTIVITIES
55
POSSESSION OF WILD ANIMALS
NON-DOMESTICATED ANIMALS INJURY THT WOULD NORMALLY OCCUR DOMESTIC ANIMALS W DANGEROUS PROPENSITIES Examples: Wild animals: o Lions, tigers, and bears Not Wild animals: o Dogs and cats
56
ABNORMALLY DANGEROUS ACTIVITY
EXCAVATION DYNAMITE TOXIC CHEMICAL
57
DEFENSES TO STRICT LIABILITY; ASSUMPTION OF THE RISK
DEFENSE TO STRICT LIABILITY KNEW AND APPRECIATED THE RISK
58
PRODUCT LIABILITY
A PRODUCT BREAKS OR DOESNT WORK PROPERLY 3 CAUSES OF ACTION 1) NEGLIGENCE 2) BREACH OF WARRANTY 3) STRICT PRODUCTS LIABILITY
59
PRODUCTS LIABILITY- NEGLIGENCE
NEGLIGENCE IN THE CHAIN CAUSED THE PRODUCT TO BREAK OR NOT WORK
60
PRODUCTS LIABILITY - BREACH OF WARRANTY
PROMISE ABOUT PRODUCT PERFORMANCE
61
MERCHANTABILITY
PRODUCT ACTED AS IT SHOULD
62
FITNESS FOR A PARTICULAR PURPOSE
PRODUCT ONLY WORKS FOR PARTICULAR PURPOSE Examples: o Hurricane windows can withstand certain wind speeds o Tires can only withstand speed up to a certain mph o Phone can only make so many phone calls
63
STRICT PRODUCTS LIABILITY
1) DEFECTIVE PRODUCT 2) SOLD BY COMMERCIAL SELLER 3) FORESEEABLE USER 4) USED IN MANNER IT WAS INTENDED
64
COMMERCIAL SELLER
IN THE BUSINESS OF SELLING THE PRODUCT
65
INADEQUATE/FAILURE TO WARN
A TYPE OF DEFECTIVE PRODUCT UNDER STRICT PRODUCTS LIABILITY
66
DEFENSES TO STRICT PRODUCTS LIABILITY
1) ASSUMPTION OF THE RISK 2) MISUSE
67
PRIVATE NUISANCE
UNREASONABLE INTERFERENCE W USE AND ENJOYMENT OBJECTIVE STANDARD
68
PUBLIC NUISANCE
UNREASONABLE INTERFERENCE TO PUBLIC BROUGHT BY GOV OFFICIAL PRIVATE PLAINTIFFS MUST PROVE SPECIAL DAMAGES Examples: o Contaminated water o Electric lines that are emanating nuclear power
69
DEFAMATION
1) FALSE STATEMENT 2) ABOUT PLAINTIFF 3) HURTS REPUTATION 4) PUBLICATION 5) DAMAGES
70
PUBLICATION
HEARD AND UNDERSTOOD BY THIRD PERSON TO BE ABOUT THE PLAINTIFF
71
LIBEL
WRITTEN OR PRINTED NO SPECIAL/PECUNIARY DAMAGES
72
SLANDER
SPOKEN MUST PROVE SPECIAL DAMAGES
73
SLANDER PER SE
DAMAGES PRESUMED: 1) PROFESSION 2) CHASTITY OF A WOMAN 3) CRIME OF MORAL TURPITUDE 4) LOATHSOME DISEASE
74
DEFAMATION- PRIVATE INDIVIDUAL
STANDARD OF PROOF: NEGLIGENCE
75
DEFAMATION- PUBLIC FIGURE
STANDARD OF PROOF: ACTUAL MALICE KNOWLEDGE OR RECKLESS DISREGARD OF THE TRUTH
76
DEFENSES TO DEFAMATION
1) TRUTH IS AN ABSOLUTE DEFENSE TO DEFAMATION 2) PRIVILEGES
77
ABSOLUTE PRIVILEGE
STATEMENTS MADE IN THE COURSE OF OFFICIAL PROCEEDINGS ARE PROTECTED Examples: o Court Appearances o Government officials yelling at each other
78
QUALIFIED PRIVILEGE
STATEMENT APPEARS NECESSARY TO PROTECT DEFENDANTS/ PUBLICS INTEREST HONEST AND REASONABLE BELIEF Examples: o Request to make a statement on your behalf o Letter of Recommendation/Character Reference
79
INVASION OF PRIVACY; FALSE LIGHT
PORTRAY SOMEONE IN FALSE LIGHT
80
INVASION OF PRIVACY; APPROPRIATION
UNAUTHORIZED USE OF LIKENESS OR IMAGE FOR PROFIT
81
INVASION OF PRIVACY; PUBLIC DISCLOSURE
PUBLIC DISCLOSURE OF A PRIVATE MATTER NOT NEWS WORTHY Examples: o Things you put out there yourself o Kardashian’s TV show
82
INVASION OF PRIVACY; INTRUSION UPON SECLUSION
PHYSICAL INVASION OF A PRIVATE SPACE
83
INTENTIONAL MISREPRESENTATION
1) MISREP OF MATERIAL FACT 2) SCIENTER 3) INTENT TO INDUCE RELIANCE 4) RELIANCE 5) DAMAGES
84
NEGLIGENT MISREP
1) NEGLIGENCE 2) SPECIAL RELATIONSHIP 3) DETRIMENTAL RELIANCE 4) DAMAGES
85
TORTIOUS INTERFERENCE W CONTRACTUAL RELATIONSHIP
1) K EXIST 2) D HAS KNOWLEDGE 3) INTENTIONAL INTERFERENCE 4) DAMAGES Example: o Agency in sports or movie business
86
MALICIOUS PROSECUTION
1) CRIMINAL PROCEEDING 2) NO PROBABLE CAUSE 3) IMPROPER PURPOSE 4) DISMISSED IN FAVOR OF ACCUSED
87
A PERSON WHO HIRES AN IC ORD IS NOT LIABLE FOR INJURY TO A 3RD PARTY CAUSED BY THE IC'S NEGLIGENCE EXCEPTION
WHEN THE PERSON DIRECTLY INFLUENCES THE MANNER IN WHICH THE IC PERFORMS THE WORK
88
A COMMERCIAL SELLER OF A NONDEFECTIVE COMPONENT PART THT IS INCORPORATED INTO A FINISHED PRODUCT BY THE PRODUCTS MANUFACTURER IS NOT STRICTLY LIABLE FOR INJURIES CAUSED BY THE PRODUCT UNLESS
THE SELLER SUBSTANTIALLY PARTICIPATED IN THE INTEGRATION OF THE PART INTO THE DESIGN OF THE FINISHED PRODUCT AND THE INTEGRATION OF THE COMPONENT IS WHAT RENDERED THE FINISHED PRODUCT DEFECTIVE

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