Tort Definitions

Question 1

Definition of Intent

Answer 1

A desire for a particular result or knowledge with a substantial degree of certainty that a particular action will have a particular result.

Question 2

Doctrine of transferred intent

Answer 2

Wrongful conduct transferred from intended victim to actual victim.

Question 3

Assault

Answer 3

The intentional placing of another in reasonable apprehension of an imminent harmful or offensive touching.

Question 4

Battery

Answer 4

Intentional harmful or offensive touching of another without consent or privilege.

Question 5

False Imprisonment

Answer 5

Intentional physical or psychological confinement of another within fixed boundaries, for any period of time, without consent or privilege.

Question 6

Intentional Infliction of Emotional Distress

Answer 6

Conduct of an extreme and outrageous nature which is calculated to cause and which does cause severe emotional distress.

Question 7

Trespass to land

Answer 7

Intentional entry upon the land of another in possession of another without consent or privilege.

Question 8

Trespass to chattel

Answer 8

Intentional interference with the chattel of another without consent or privilege.

Question 9

Conversion

Answer 9

Intentional exercise of wrongful dominion and control over the chattel of another without consent or privilege.

Question 10

12 Defenses to Intentional Torts

Answer 10

Crazy Silly Double Dealing Dirty Dog Leave Right Now Never Return Ever

1. Consent
2. Self Defense
3. Defense of Others
4. Defense of Property
5. Discipline
6. Detention for Investigation
7. Legal Authority
8. Reentry of Land Wrongfully Withheld
9. Necessity (Public)
   10 Necessity (Private)
10. Recapture of Chattel Wrongfully Withheld
11. Entry to Abate a Nuisance

Question 11

Special Duties

Answer 11

VGOLD

1. Violation of Statute
2. Guest Statute
3. Omission to Act
4. Landowner-Occupier
5. Duties Owed by Lessors of Land

Question 12

Duty owed by landowner to known and unknown trespassers

Answer 12

Unknown: No duty

Known: Must warn of known, latent artificial conditions likely to cause serious bodily harm or death.

Question 13

Attractive Nuisance Doctrine

Answer 13

A Professor You Understand

1. Artificial condition which creates an unreasonable risk of harm.
2. Possessor of land knew or should have known that children are likely to trespass.
3. Children unable to recognize danger because of their youth.
4. Utility of maintaining condition vs. eliminating the risk.

Question 14

Duty of landowner to licensee

Answer 14

Duty to warn of known latent conditions likely to cause serious bodily harm or death.

Question 15

Duty of landowner to invitee

Answer 15

Must make reasonable inspection for dangerous conditions and warn of all dangers which he knows of or could have discovered by reasonable inspection and make safe for invitees who enter.

Question 16

Two types of intervening causes

Answer 16

1. Dependent (foreseeable and unforeseeable)

2. Independent (foreseeable and unforeseeable)

Question 17

Types of Intervening Dependent Causes (foreseeable and unforeseeable)

Answer 17

Foreseeable

1. Rescue forces
2. Reaction forces (foreseeable reaction)
3. Checking forces (negligence is foreseeable)
4. Escape forces

Unforseeable
1. Unusual or abnormal response to D’s negligence

Question 18

Types of Intervening Independent Causes (foreseeable and unforeseeable)

Answer 18

Foreseeable

1. Acts of God
2. Animals
3. Third person’s negligent conduct

Unforeseeable

1. Unforeseeable criminal acts
2. Unforeseeable acts of third persons (abnormal rescue)

Question 19

How long is the statute of limitations for personal injury and when does it begin to run?

Answer 19

Statute is 2 years from when the time of the injury or when the injury was discovered.

Question 20

Definition of Ultrahazardous Activity

Answer 20

One who maintains an abnormally dangerous condition or activity on his or her premises, or engages in an activity that involves a high risk of harm to the persons or property of others, may be liable for the harm it causes even thought reasonable care to prevent such harm has been exercised.

Question 21

Vicarious Liability

Answer 21

A master s vicariously liable for the torts of their servants that occur within the course and scope of employment.

Question 22

Products Liability-Intentional Tort

Answer 22

A manufacturer or supplier who sells a product that he knows is defective or dangerous, without warning of the danger, may be held liable for battery.

Question 23

Three types of product defects

Answer 23

1. Manufacturing
2. Design
3. Warning

Question 24

Three types of product warranties

Answer 24

1. Express
2. Implied warranty of merchantability
3. Implied warranty of fitness for a particular purpose

Question 25

Implied warranty of merchantability

Answer 25

A merchant who sells goods warrants that they are of average and fair quality and fit for their ordinary purpose.

Question 26

Implied Warranty of Fitness for a Particular Purpose

Answer 26

If seller knows of buyer’s intended use and buyer relies upon seller’s special knowledge and skills, there is an implied warranty that the goods sold are in fact fit for that purpose.

Question 27

Private Nuisance

Answer 27

Unreasonable interference with the possessory interest of an individual in the use or enjoyment of his land.

Question 28

Public Nuisance

Answer 28

Unreasonable interference with a right common to the general public.

Question 29

Intentional Misrepresentation

Answer 29

A misrepresentation of an existing material fact made knowingly, with the intent to induce P’s reliance, causing P to justifiably rely to his detriment.

Question 30

Negligent Misrepresentation

Answer 30

A false material misrepresentation of a material fact which is made with a lack of due care intended to induce reliance to which proximately causes damage to plaintiff.

Question 31

Injurious Falsehood

Answer 31

The publication of matter derogatory to the P’s title to his property, business, or personal affairs, calculated to prevent others from dealing with P.

Question 32

Interference with contract

Answer 32

Words or actions intentionally undertaken to interfere with an existing contract of P causing his damage.

Question 33

Malicious Prosecution

Answer 33

Initiation of criminal proceedings against P that terminated in his favor and for which there was no probable cause and an improper purpose.

Question 34

Abuse of process

Answer 34

Use of criminal or civil process for purposes for which it was not intended.

Question 35

Defamation (prima facie case)

Answer 35

P must prove that the matter was false and defamatory, published intentionally or negligently by D to a third party, that third party understood the defamatory comments to be about P and that P suffered damage as a result.

Question 36

Appropriation of Likeness

Answer 36

Unjust enrichment through theft of goodwill.

Question 37

Intrusion upon Seclusion

Answer 37

Unreasonable invasion of another’s reasonable expectation of privacy.

Question 38

Public Disclosure of Private Fact

Answer 38

Disclosure of private facts which would be highly offensive to a reasonable person and not of legitimate concern to the public.

Question 39

4 types of invasion of privacy

Answer 39

1. Appropriation of likeness
2. Intrusion upon seclusion
3. Public disclosure of private fact
4. False light in the public eye.