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Tort Law > The Final, Final Review Cards!! > Flashcards

The Final, Final Review Cards!! Flashcards

1
Q

Purposes of Tort Law

A

1 - Peaceful means so they don’t take law into their own hands
2 - Deter wrongful conduct
3 - Encourage socially responsible behavior
4 - Restore injured parties to OG condition
5 - Clear a wrong

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2
Q

Battery - Rule Statement

A

Harmful or offensive contact intentionally made by the D to the P’s person

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3
Q

Assault - Rule Statement

A

Intentional infliction of an apprehension of an imminent contact by the D

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4
Q

Does there need to be physical harm for assault?

A

No. Can be held liable without it. Also can be assault without battery.

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5
Q

FI - Rule Statement

A

Direct restraint of one person of the physical liberty of another without adequate legal justification.

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6
Q

FI - Requirements

A
  • Confined/bounded area
  • Knowledge/awareness
  • Reasonableness of escape
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7
Q

IIED - Rule Statement

A

Intentional extreme or dangerous conduct by the D that cause severe ED to P

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8
Q

Can there be nominal damages for IIED?

A

No.

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9
Q

Bystander IIED - Requirements

A
  • Close family

- Intent to batter you AND intent to cause me ED from it

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10
Q

T2L - Rule Statement

A

An intentional act by D that causes a physical invasion on P’s real property

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11
Q

Is T2L maintain intent even if the D thought it was their own land?

A

Yes.

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12
Q

T2Ch - Rule Statement

A

An intentional act by the D that causes an interference with P’s right of possession in a chattel, resulting in damages

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13
Q

Conversion - Rule Statement

A

Intentional act of control over a chattel which seriously interfered with P’s right of possession, resulting in full value of chattel.

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14
Q

Damages: nominal

A

token

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15
Q

Damages: actual

A

put them back in position moment before

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16
Q

Damages: punitive

A

to punish

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17
Q

Negligence - General Rule Statement

A

Omission to do something a reasonably prudent person would do.

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18
Q

Negligence - 4 Elements

A
  • Duty
  • Breach of duty
  • Breach of duty was actual and proximate cause of injury
  • Damage to person/property
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19
Q

Can there be nominal damages for negligence?

A

No, only actual.

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20
Q

Precaution Equation

A

If burden < harm, do precautionary measure.

*Check cost of precaution, probability of harm, seriousness of harm

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21
Q

Negligence Per Se

A

Violation of statute
1 - Member of class to be protected intended by legislature
2 - Hazard that caused injury is one meant to be protected by legislature

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22
Q

Res Ipsa Loquitur

A

Accident implies negligence

  • Exclusive control of D
  • Would not normally occur without negligence
23
Q

Actual Cause/Causation in Fact

A

Substantial factor in bringing about harm

Duty + breach -> damages

24
Q

Concurrent Causes: Joint v Several Liability

A

Joint: 30% could pay ALL
Several: pay what you are responsible for

25
Q

Market Share Theory

A

Can recover for injury by a drug of unknown source against known manufacturers of the drug (held liable for their share of market)

26
Q

Proximate/Legal Cause

A

Immediate + foreseeable

  • But-for Test
  • Substantial Cause Test
  • Double Test
27
Q

Rescue Doctrine

A

Allows an injured rescuer to sue the party (D) who caused the rescue to occur

28
Q

Defenses (Negl) - Contributory Negligence v. Comparative Negligence

A

Contributory: even if P is a little negl, cannot recover at all
Comparative: P negl < D negl, can recover

29
Q

Defenses (Negl) - Assumption of Risk

A

If within terms of contract + not void for public policy reasons

30
Q

Defenses (Negl) - Immunities

A
  • Parent/Child
  • Charities
  • Gov’t.
  • U.S.
31
Q

Wrongful Death

A
  • Brought by family/estate for loss of support/society/love/care/funeral charges/etc.
  • Meets negligent requirements but harm = death, and D’s conduct must be cause of death
32
Q

Survival Statute

A
  • Time b/w harm + death

- Remedy to P (loss of wages/pain + suffering)

33
Q

Vicarious Liability - Respondeat Superior

A

Hold someone responsible by stating they are my employer/etc. and they should respond to my tortious act (if done in scope of work)

34
Q

Vicarious Liability - Independent Contractors

A

D not held liable for ind. contractor’s actions

35
Q

Vicarious Liability - Joint Enterprise

A
  • If 2 are in JV/Ent. may be able to get the other on the hook
  • Accident has to happen in scope of their business/both have to be equals in their positions
36
Q

Vicarious Liability - Bailments

A

bailor: has title/ownership
bailee: trusted with property (usually younger)
- Bailor could be held liable for actions of bailee

37
Q

Strict Liability - Rule Statement

A

Is A’s conduct toward B maybe not intentional or negligent, sufficient to SL for public policy reasons?

38
Q

SL - Animals - Fencing Out v. Fencing In

A

Fencing Out: P put up fence, if animal goes through, D liable
Fencing In: D fences animal in, if gets out, D liable

39
Q

SL - Abnormally Dangerous Activities

A

SL even if lawful

Factors:

  • High risk of some harm
  • Harm could be great
  • Cannot eliminate risk
  • Not common usage
  • More dangerous than valuable
40
Q

Product Liability - Definition

A

Liability of manufacturer/seller/supplier of chattels to one who suffers physical harm caused by the chattel

41
Q

PL - Negligence

A

They did not act like a reasonably prudent manufacturer/etc.

42
Q

PL - Warranty - Express v. Implied

A

Express: label/ad/brochure
Implied: dishwasher that does not load dishes

43
Q

PL - Strict Liability in Tort

A

When they place an article on market, knowing it was not inspected for defects, has defect that causes harm

44
Q

PL - Restatement (3rd)

A

Engaged in selling/distributing it

45
Q

Three Types of Defects

A

Manufacturing: mishap (10 chips stuck together, rare)
Design: only on hook if you breach duty (every chip is too big)
Warnings: only on hook if you breach duty

**Follow negligence for Design/Warnings

46
Q

Int Torts - Privilege - Necessity

A

Public: greater good
Private: just pay damages

47
Q

Int Torts - Privilege - Authority of Law

A

Arrest

48
Q

Int Torts - Privilege -Discipline

A

Parent/Child

49
Q

Int Torts - Privilege - Justification

A

Bus driver

50
Q

Int Torts - Privilege - Consent (Express v. Implied)

A

Express: signs/orally
Implied

**Can be negated if under false pretenses (fraud/minor/intoxicated/etc.)

51
Q

Int Torts - Privilege - Self Defense

A
  • NOT for retaliation

- Provocation does not warrant self defense

52
Q

Int Torts - Privilege - Defense of Others

A

Usually family members

53
Q

Int Torts - Privilege - Defense of Property

A
  • Only if trespasser is committing felony of violence is force justified
  • Life is always > property
54
Q

Int Torts - Privilege - Recovery of Property

A
  • Demand it back first (some)
  • Has to be immediate
  • Reasonable amount of force

“Shopkeeper’s Privilege”

Tort Law (4 decks)

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