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Bar Exam > Torts > Flashcards

Torts Flashcards

1
Q

Assault

A
  1. intentional act
  2. causing apprehension of
  3. imminent threat of harmful/offensive contact
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2
Q

Battery

A
  1. intentional act
  2. harmful or offensive conact
  3. contact with plaintiff’s person
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3
Q

False Imprisonment

A
  1. intentional
  2. confinement / restraint
  3. plaintiff aware of confinement or harmed
  4. no reasonable means of escape
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4
Q

IIED

A
  1. intentional
  2. extreme and outrageous conduct
  3. plaintiff suffers severe emotional distress
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5
Q

Trespass to Land

A
  1. intentional act
  2. physical invasion
  3. invasion of the land of another
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6
Q

Trespass to Chattels

A
  1. intentional act
  2. interference with right of use/possession
  3. property (chattel) of another
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7
Q

Conversion

A
  1. intentional act
  2. SUBSTANTIAL interference with use/possession
  3. property of another

Remedy - D pays full market value at time of conversion

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8
Q

Self-Defense

A

The defendant must reasonably believe that a tort is being or about to be committed against himself

Force must be reasonable

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9
Q

Defense of Others

A

The defendant must reasonably believe that a tort is being or about to be committed against a third person

Force must be reasonable

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10
Q

Defense of Property

A

The defendant must reasonably believe that a tort is being or about to be committed against his property

Deadly force never allowed

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11
Q

Recapture Chattels

A
  1. Fresh pursuit
  2. wrongful taking
  3. Reasonable force
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12
Q

Shopkeeper’s privilege

A
  1. temporarily restrain

2. reasonable belief stolen goods

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13
Q

Arrest

A
  1. D restrains P by

2. Exercising legal rights

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14
Q

Necessity

A
  1. reasonably necessary
  2. to prevent great harm

Public – no damages
Private – pay for damages but not liable for trespass

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15
Q

Consent

A

The plaintiff must have capacity to consent and the defendant must not exceed the bounds of the consent

implied or express

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16
Q

Misappropriation

A
  1. P’s name or picture used
  2. use is unauthorized
  3. D used for commercial advantage

Exception –> Nesworthy

Defenses
- consent

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17
Q

Intrusion on P’s Solitude

A
  1. intrusion of private affairs
  2. reasonable expectation of privacy exists
  3. highly offensive to reasonable person

Defenses
- consent

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18
Q

False Light Publication

A
  1. public placement
  2. material falsehood
  3. highly offensive to average person

Recover – emotional damages and economic damages under defamation

Defenses:

  • consent
  • qualified privileges
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19
Q

Publicity of private life

A
  1. public disclosure
  2. disclosure of private information about plaintiff
  3. disclosure highly offenseive to reasonable person

Exception –> Newsowrthy

Defenses:

  • consent
  • qualified privileges
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20
Q

Intentional Misrepresentation

A
  1. intent to induce reliance
  2. actual reliance
  3. damages
  4. misrepresentation knowing its false or recklessly disregarding truth
21
Q

Negligent Misrepresentation

A
  1. misrepresentation in business/professional capacity
  2. breach of duty to plaintiff
  3. causation - reliance on misrepresentation
  4. reliance justified
  5. damages
22
Q

Interference with business relation

A
  1. contract or business relationship between P and Third Party
  2. D knowledge of the relationship
  3. Intentional interference by D to induce breach
  4. Damages
23
Q

Defamation

A
  1. defamatory statement concerning P
  2. publication to third party
  3. Damages
    - - Libel: presumed
    - - Slander per se: presumed
    - - Economic damages

If public concern, must also show:

  1. evidence of falsity
  2. degree of fault by defendant
    - – P is public figure - FAULT = statement made with malice (know it was false or reckless disregard of truth)
    - - P private figure on public issue - NEGLIGENCE
    - - P private figure on private issue - PUBLICATION
24
Q

Slander Per Se

A
  1. statement relating to P business/profession
  2. statement that P committed serious crimes
  3. statement imputing unchastity of a woman
  4. statement that P suffers from a loathsome disease
25
Q

Defenses to Defamation

A
  1. consent
  2. Truth
  3. Privilege
26
Q

Defamation - Absolute Privilege

A
  1. Communication between Spouses

2. Statements by officers in 3 branches of gov’t in context of work

27
Q

Defamation - Qualified Privilege

A

Public Interest: must be

  1. reasonable and good faith
  2. limited to relevant matter at hand
28
Q

VICARIOUS LIABILITY

A

Employer-employee (respondeat superior)—the employer is liable for torts of an employee that occur within the scope of the employment relationship

Principal-independent contractor—the general rule is that a principal is not vicariously liable for the torts of an independent contractor, but broad exceptions exist:

  1. The independent contractor is engaged in inherently dangerous activities
  2. The principal’s duty cannot be delegated because of public policy considerations

Automobile owner-driver—an automobile owner is not vicariously liable for the negligence of the driver unless the state has adopteD STATUTE

Parent-child—a parent is not vicariously liable for a child’s torts at common law (but statutes in many states impose limited liability for the child’s intentional torts)

29
Q

Private Nuisance

A
  1. substantial, unreasonable interference with use/enjoyment of property
  2. Defendnt action intentional, negligent, or strict liability
  3. injury must outweigh utility of D’s conduct
30
Q

Public Nuisance

A
  1. act that unreasonably interferes with
  2. health, safety or property rights of community

Private party can recover with different damages only

31
Q

Strict Liability - Animals

A

Imposes liability on a defendant for the plaintiff’s injury even though the defendant was not negligent

Domesticated – liability of you have knowledge that animal has dangerous propensity not common among species

Wild – liable just through possession

Analyze causation and damages

32
Q

Strict Liability - Abnormally Dangerous Activities

A

(1) activity must be a type of activity that cannot be made reasonably safe even through the exercise of ordinary care
(2) Activity must be uncommon in the area where the defendant is engaging in the activity

Analyze causation and damages

33
Q

Product Liability - Strict

A
  1. D = merchant
  2. Product is defective
  3. Product not altered since leaving D hands
  4. P use was foreseeable
  5. Actual and proximate cause
  6. damages
34
Q

Product liability - Negligence

A

Breach of duty is shown by negligent conduct by the defendant that leads to supplying a defective product to the plaintiff

Manufacturer will be liable for damages caused by a defective product if the manufacturer knew or should have known of the dangerous defect.

35
Q

Product Liability - Warranties

A

Express
Implied
- merchantability
- fitness for a particular purpose

36
Q

Comparative Negligence

A

Pure – P recovers but damages reduced by P’s % of fault

Partial = P can recover reduced damages if P’s fault is under 50%, otherwised barred

37
Q

Contributory Negligence

A

Bars P from recovery if P contributed to his own injury

38
Q

Assumption of Risk

A

Reduction in damages where P is aware of risk and voluntarily assumes it (express or implied)

39
Q

Undiscovered Trespasser

A

No duty

40
Q

Discovered/Anticipated Trespasser

A

Duty to warn or make safe IF:

  1. KNOWN by D
  2. highly DANGEROUS
  3. ARTIFICIAL conditions
  4. not obvious to trespasser
41
Q

Licensees

A

Duty to warn or make safe IF:

  1. Artificial and Naturally dangerous conditions
  2. KNOWN by D
  3. Concealed from Licensee
42
Q

Invitees

A

Duty to warn or make safe IF:

  1. Condition is concealed
  2. D knows of condition or could have found out through reasonable inspection

Duty to reasonably inspect

43
Q

Negligence Per Se

A

(i) The plaintiff is within the class that the statute was intended to protect
(ii) accident that occurred was within the class of risks that the statute was designed to prevent

EXCEPTION of compliance with statute is:

  1. more dangerous under circumstances
  2. impossible under circumstances
44
Q

NIED

A

Duty created if:

  1. P in zone of danger
  2. bystander - if P & Victim were close family and P was a contemporaneous Witness
  3. business relationship where highly foreseeable that careless performance by D will result in emotional distress
45
Q

Res Ipsa

A

the fact that an injury occurred may create an inference that the defendant breached his duty

  1. accident wouldnt happen without negligence
  2. D had exclusive control
  3. injury not attributable to P
46
Q

Child Standard of Care

A

must conform to standard of care of a child of like age, education, intelligence, and experience acting under similar circumstances

  • kids under 5 = cannot be liable
  • kids engaged in adult activity = apply adult standard
47
Q

Professional Standard of Care

A

must exercise the knowledge and skill of a member of the profession in good standing

48
Q

Actual Cause Tests

A
  1. But For
  2. Substantial factor test
  3. alternative causes

Bar Exam (5 decks)

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