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NY/ MBE Bar Study > Torts > Flashcards

Flashcards in Torts Deck (27):
1

What is Intrusion (invasion of privacy tort)?

invasion of privacy where D invades solitude (ex: telescope to watch)

2

What is False Light (invasion of privacy tort)?

invasion of privacy where D spreads objectionable information about P regardless of mistake

3

What is Disclosure (invasion of privacy torts)?

invasion of privacy where D spreads confidential information about P that a reasonable person would object to

4

Under the 1st amendment, what are the 2 addtional elements in a demamation suit?

1. falsity (P must prove statement false- eliminates truth as defense)
2. D acted with fault (intent)
-public figure must show D acted w/ malice
-private figure must show D acted w/ negligence

5

What are the 3 defenses to defamation?

1. consent (express/ implied)
2. truth (statements)
3. privileges
-absolute: spouse, govt officers
-qualified: content specific allowance (ex. letters of rec/ credit report)

6

What 2 conditions must be observed for a D to retain their qualified priviledge in a defamation suit?

1. D must have reasonable belief in accuracy of statements (good faith & cant use opportunity to spread lies)
2. D must confine statement to relevant matter (scope)...Dr. Hughes

7

What 2 types of claims are not permitted under workers comp?

1. claims against boss/ co-worker
2. claims to recover for pain & suffering/ punitive damages

8

What 4 types of injuries will a worker generally not recover for in a comp claim?

1. injury due to intoxication
2. employee intentionoally injured self
3. injury during voluntary off-duty
4. injury as result of outlandish on job horseplay

9

In order to recover for NIED, what 2 factors must be shown?

1. P was in zone of physical dange (ZOD)
2. P has subsequent physical manifestations of distress

10

What is a survival/ wrongful death claim?

Cause of action owned by decendent in her lifetime survives if injury causes death (estate can bring claim)

11

What is a detour?

A minor departure...employer is still liable

12

For vicarious liability, what 4 instances cause intentional torts to NOT be outside the scope of employment?

1. Job involves physical force (security)
2. Job generates animosity (bill collector)
3. Tort serves employer's interest (Ex. cashier detains D to prevent shoplifting)

13

What is a frolic?

A major departure which destroys vicarious (employee) liability

14

Are parents liable for the torts of their children?

NO

15

What is a contributory negligence defense?

Any negligence on part of P would bar P's recovery (some jurisdiction)

16

What is the exception to the general rule that owners are not liable for other driver's torts? (of owners car)

If driver doing errand for owner, owner is liable (like agency)
-car renter never liable for other driving (fed statute)

17

What standard is used to assess P's conduct in a case where a contributory/ comparative negligence defense is offered?

Reasonably prudent plaintiff standard used

18

What are the 2 types of comparative negligence defenses?

1. pure (p can always recover even if mostly her fault)
2. modified/ partial
-P fault < 50%= reduce P recovery by that %
-P fault > 50%= P recovers nothing

19

What is requried to establish the defense of assumption of risk?

proof that P knowlingly stayed in a position of danger
- excludes jobs where danger is inherent risk (police)

20

When will the owner of a domestic animal be strictly liable for injuries caused by animal?

owner only liable for own negligence regarding animal (ex. owner has knoweldge of vicious propensities)

21

What is a comparative negative defense?

Weigh P & D's fault and assign percentages, then decrease P's recovery by that percent

22

What is the collateral source rule?

Rule of evidence prohibiting admission of evidence showing victim's damages were compensated from source other than D (ex. medicals bills paid by insurance)

23

What 4 specific things must P show in products liability claims?

1. D is merchant (deals in goods of the type, not garage sale- Adeela)
2. Product defective
3. Product not altered since left D
4. P was making foreseeable use of product
-contributory negligence IS an affirmative defense

24

What are the 2 ways to show a product is defective?

1. manufactoring defect (different from others/ dangerous abberation)
2. design defect (alternative design exists that is 1. safer, 2. cost's same to make, 3. practical)

25

Generally, what is the duty owed by land owners in an attractive nuisance situation?

duty to warn/ make safe if foreseeable risk to children who would be attracted by nuisance outweighs expense of eliminating danger on land

26

When will the owner of a wild animal be strictly liable for injuries caused by animal?

ALWAYS

27

Generally, what is the duty owed by land owners in an attractive nuisance situation?

duty to warn of nuisance or make nuisance safe

(owner may be required to remove nuisance if deemed extremely dangerous -- balancing test)