Torts Flashcards
(50 cards)
When will a court hold a child or a mentally incompetent person liable for an intentional tort?
If they either (1) act with a purpose, or (2) know the consequences of their acts w/substantial certainty
When may a [D] be liable to a 3P-victim for IIED?
Victim’s immediate relative: observed [D]’s conduct
Bystander: observed [D]’s conduct + bodily injured
No need to observe if [D]’s purpose was to cause severe distress to 3P-victim
When is use of deadly force justified in self-defense?
[D] has reasonable belief that force sufficient to cause serious bodily injury or death is about to be intentionally inflicted upon him
What is the firefighter’s rule?
Emergency personnel are barred from recovering damages from the party whose negligence caused the professional’s injury if the injury results from a risk inherent in the job
What are the elements of assault?
(1) [P]’s reasonable apprehension
(2) Of an imminent harmful or offensive bodily contact
(3) Caused by [D]’s action or threat
(4) With the intent to cause either the apprehension of such contact or the contact itself
Are words sufficient to establish a prima facie case for assault?
Not words alone. There might be an assault if the words are coupled with conduct or other circumstances.
There may be an assault if [D] is able to carry out the treat immediately and takes action designed to put victim in state of apprehension
What is the definition of a public nuissance?
Unreasonable interference w/a right common to the general public.
What’s the effect of a [P]’s negligence on a strict product liability action?
Comparative-fault: reduced recovery based on % of fault.
“Assumption of the risk” conduct is treated as comparative negligence.
Some: recovery is not reduced by % of [P]’s fault in own injury
What are the elements of IIED?
(1) [D]’s intentional or reckless
(2) Extreme and outrageous conduct
(3) That causes
(4) [P]’s severe emotional distress
When is use of force in defending others justified?
Upon a reasonable belief that the defended party would be entitled to use self-defense.
Force must be proportional to the anticipated harm to the other party.
What’s the “shopkeeper’s privilege?”
Detention of an individual reasonably believed to be shoplifting.
Duration and manner must be reasonable.
How is express consent, as a defense to intentional torts, established?
[P], by words or actions, manifests willingness to submit to [D]’s conduct, which cannot exceed the scope of [P]’s consent
When will [D]’s actions be considered intentional?
(1) [D] acts w/purpose of causing the consequences of their act
(2) [D] acts knowing that the consequences are substantially certain to result
What’s the definition of trespass to chattel?
(1) Dispossessing [P] of the chattel; or
(2) Using or intermeddling w/[P]’s chattel
[P] must show actual harm to or deprivation of the use of the chattel for a substantial period of time
What’s the definition of conversion?
Deprives [P] of possession of their chattel or interferes w/it in a manner so serious as to deprive [P] of the use of the chattel.
Damages are the chattel’s full value at the time of the conversion.
What’re the elements for intentional misrepresentation (i.e., fraud, deceit)?
(1) [D] made misrepresentation of material fact or failed to disclose material fact when under affirmative duty to do so
(2) [D] knew the representation to be false or acted w/reckless disregard as to its truthfulness (scienter)
(3) [D] intended to induce [P] to act or refrain from acting in reliance on the misrepresentation
(4) [P] justifiably relied on the misrepresentation
(5) [P] proved actual damages (no nominal damages allowed)
What’s the definition of trespass to land?
[D]’s intentional act causing a physical invasion of [P]’s land.
Only need intent to enter the land or cause a physical invasion.
Mistake of fact is not a defense.
Generally, when may a [D] act in self-defense and how much force may the [D] use?
When [D] reasonably believes an offensive contact or bodily harm is about to be intentionally inflicted upon them.
Force must be reasonably proportionate to the anticipated harm.
Reasonable, mistaken belief that one is in danger does not invalidate the defense.
What’s the doctrine of “transferred intent?”
Person intends to commit an intentional tort against one person but instead commits:
(1) Different intentional tort against a person
(2) Intended tort against a different person
(3) Different intentional tort against a different person
When is conduct considered extreme and outrageous for the purposes of IIED?
Exceeds the possible limits of human decency, so as to be entirely intolerable in a civilized society.
[D]’s abusive language and conduct may be sufficiently “extreme and outrageous” if [D] is in position of authority or influence over [P], or [P] is member of group w/known heightened sensitivity.
When does the initial aggressor have a right to claim self-defense?
Other party responded to nondeadly force w/deadly force
What’s the definition of a private nuisance? How does a [D]’s compliance w/governmental regulations affect a private nuisance action?
Thing or activity that substantially and unreasonably interferes w/another’s use and enjoyment of their land.
Compliance may be admitted as evidence re: whether interference w/[P]’s use and enjoyment is unreasonable.
What is a “Good Samaritan” statute?
Protects doctors and other medical personnel when they voluntarily render emergency care.
Exempted from liability for ordinary negligence but not gross negligence.
What effect does evidence of custom have on the standard of care in a negligence action?
Admissible as evidence to establish the proper standard of care, but not dispositive
