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Flashcards in Torts Deck (27)
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1
Q

What is Intrusion (invasion of privacy tort)?

A

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

2
Q

What is False Light (invasion of privacy tort)?

A

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

3
Q

What is Disclosure (invasion of privacy torts)?

A

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

4
Q

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

A
  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
Q

What are the 3 defenses to defamation?

A
  1. consent (express/ implied)
  2. truth (statements)
  3. privileges
    - absolute: spouse, govt officers
    - qualified: content specific allowance (ex. letters of rec/ credit report)
6
Q

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

A
  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
Q

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

A
  1. claims against boss/ co-worker

2. claims to recover for pain & suffering/ punitive damages

8
Q

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

A
  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
Q

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

A
  1. P was in zone of physical dange (ZOD)

2. P has subsequent physical manifestations of distress

10
Q

What is a survival/ wrongful death claim?

A

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

11
Q

What is a detour?

A

A minor departure…employer is still liable

12
Q

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

A
  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
Q

What is a frolic?

A

A major departure which destroys vicarious (employee) liability

14
Q

Are parents liable for the torts of their children?

A

NO

15
Q

What is a contributory negligence defense?

A

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

16
Q

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

A

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

17
Q

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

A

Reasonably prudent plaintiff standard used

18
Q

What are the 2 types of comparative negligence defenses?

A
  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
Q

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

A

proof that P knowlingly stayed in a position of danger

- excludes jobs where danger is inherent risk (police)

20
Q

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

A

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

21
Q

What is a comparative negative defense?

A

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

22
Q

What is the collateral source rule?

A

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
Q

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

A
  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
Q

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

A
  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
Q

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

A

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

26
Q

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

A

ALWAYS

27
Q

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

A

duty to warn of nuisance or make nuisance safe

owner may be required to remove nuisance if deemed extremely dangerous – balancing test