Torts Flashcards
(39 cards)
Prima Facie Case general Elements
(1) Voluntary Act
(2) Intent (Specific - D acted with purpose to cause offensive contact OR General - D knows that consequence is substantially certain to occur)
(3) Causation
conduct was “substantial factor” in bringing the harm.
Battery
(1) harmful contact
(2) w/ plaintiff’s person
(3) Causes by D
(4) w/ intent (general or specific)
Assault
(1) Reasonable apprehension
(2) of imminent harm or offensive bodily contact
(3) Causes by D
(4) w/ intent (specific or general)
intentional infliction of emotional distress
(1) extreme or outrageous conduct
(2) which causes or is substantial factor in causing
(3) severe emotional distress
(4) w/ intent to cause severe emotional distress OR acts with recklessness as to the risk of causing severe emotional distress
Cause
caused harm or conduct was substantial factor that caused harm.
General Intent
D knows that harm is substantially certain to occur.
Trespass to land
(1) Causes or is substantial factor
(2) a physical invasion in P’s real property
(3) w/ Intent (specific or general)
Trespass to chattels
(1) Causes or is substantial factor
(2) An interference with the plaintiff’s right of possession in a chattel
(3) w/ intent (specific or general)
Conversion
(1) Causes or is substantial factor
(2) an interference with P’s right of possession in chattel
(3) where interference by D deprives P entirely of the use of the chattel
(4) w/ intent (specific or general)
Defenses to Intentional Torts
(1) Consent
(2) Self-defense
(3) Necessity
Consent (defense to intentional tort)
(1) Consent - Express or implied; BUT must be (valid and D’s conduct did not exceed scope of consent)
Self-Defense (intentional torts)
(2) Self-defense - D reasonably believed P was going to harm him or another AND D used reasonably necessary amount of force proportionate to threat
Necessity (intentional torts)
(3) Necessity - D enters onto P’s land or interferes with P’s personal property to prevent an injury or some other severe harm
(private necessity - benefit limited ppl = D liable for any damages to P’s property)
P cannot use force to exclude D.
(public necessity - public good = D is not liable for property damage that he caused.)
Negligence
(1) D owed a duty to P to conform to a specific standard of care
(2) D breached that duty
(3) Actual and Proximate cause
(4) damages
To whom is duty owed?
A duty of care is owed to all foreseeable plaintiffs that may be harmed by D’s breach of applicable standard of care
(1) majority view - D liable to Ps in foreseeable zone of danger
(2) minority view - D owes duty to everyone harmed.
Affirmative Duty to Act
In general, NO affirmative duty to act affirmatively to help others.
However, D has duty to act affirmatively if:
(1) D places P in danger
(2) D has special relationship with P (common carrier/passenger, innkeeper/guest, family members, etc.)
(3) Duty to act imposed by law
(4) Begins to administer aid or attempt to rescue P
The Reasonable Person Standard of Care
Default standard of care.
“A reasonably prudent person under the circumstances as measured by an objective standard.”
- Physical disabilities are considered; “reasonably prudent blind person under circumstances”
- Intoxication not disability unless involuntary.
Children standard of care
Standard of care of a reasonably prudent “child of similar age, experience, and intelligence” under these circumstances.
UNLESS, child engaged in “adult activity” then, court applies Adult standard of care.
Professionals Standard of Care
A professional ( nurse, lawyer, accountant, engineer, architect, etc.) is expected to exhibit the knowledge and skill of a member of the profession in good standing in similar communities.
Physician Standard of Care
- National Standard of Care
- Duty to disclose the risks of treatment to enable a patient to give informed consent.
- Duty breached ONLY if an undisclosed risk was so serious that a reasonable person in patient’s position would not have consented to treatment due to high risk.
Psychotherapists
Duty to warn potential victims of a patient’s serious threats of harm if:
(1) the patient has the apparent intent and ability to carry out such threats, AND
(2) the potential victim is readily identifiable
Landowners/Land Possessors Standard of Care
Depends on the status of the entrant.
1) Trespassers (discovered (anticipated)/undiscovered
(2) Licensees
(3) Invitees
Landowner Duty to Trespassers (discovered & undiscovered)
Tresspasser = entrant w/o valid consent or necessity.
(1) Discovered/Anticipated - entrant w/o consent but may be expected….
Duty to warn of (OR make safe) hidden dangers on the land that pose risk of death or serious bodily harm.
[Only to artificial and KNOWN conditions by landowner]
(2) Undiscovered - entrant w/o consent and unexpected.
No duty owed.
Landowner Duty to Licensees
Lawful entrant with purpose of personal benefit (not to the landowner’s benefit = social guests, etc.)
- No duty to inspect the property
- Duty to warn (OR make safe) hidden dangers on the land that pose unreasonable risk of harm.
(applies to both artificial + natural KNOWN conditions.)
