Torts Flashcards
(49 cards)
Missappropriation
the unauth use of the π’s pic or name for the ∆’s commercial advantage
Intrusion on π’s solitude
the intrusion into a private aspect of the π’s life in a private place that is highly objectionable to a RP.
False Light
Where one attributes to π views they do not hold or actions they do not take, the which is objectionable to a RP under the circ, and the publication is public. If the matter is of public interest or the π is a public figure, malice mb proven.
Publicity of private life
The public disclosure of private facts that are not a matter of legit public concern, the release of which is objectionable to a RP where the disclosure is communicated to the public at large, and not just to a single person or small group of persons.
Negligence
To prevail in a negligence action, the πmust show ∆owed her a duty of care, ∆breached that duty, the breach of duty was the actual cause and the proximate cause of the harm and the πsuffered damages.
Duty of Care
A person has a duty to act as a RP. Maj of cts hold that a duty is only owed to foreseeable πs in the zone of danger (Cordozo), while Min of cts hold that a duty is owed to everyone including unforeseeable πs (Andrews). ∆ gen has no duty to take aff action to help π unless there is a special relationship, such as a bus or LO holding premises open to the public, or LLs and Ts; when ∆’s conduct placed π in danger; or where ∆ vol begins to render assistance to π, he must proceed w/ reas care.
Neg per se
Neg per se can est the duty and breach elements of negligence through vio of a statue. πmust show that he is in the class intended to be protected by the statute, and the statute was intended to prevent the type of harm that the πsuffered.
Actual Cause
Actual cause means but for the ∆’s act, the injury to π would not have resulted.
Prox cause
Gen, ∆ is lia for all harmful results that were RF. ∆ lia for any addtl harm to π caused by a susceptibility of the ∆ bc the ∆ takes his π as he finds him. ∆ is lia for all foreseeable intervening causes but not lia for superseding causes that are not normal response or not RF reaction to the situation created by ∆’s conduct
Damages - Negligence
Damages require an actual injury to the π and nominal damages are not available.
CL Contributory Neg
At CL, a πwhose neg was found to have contributed to her injury was completely barred from recovering under traditional cont neg rules. Contributory neg has been abolished in most jdx.
Comparative neg
Comparative neg applies when the π’s own neg has also contributed to his injuries, but doesn’t completely bar recovery. Lia divided between the π and ∆ in proportion to their relative degrees of fault.
Pure Comparative Neg
allows recovery in proportion of fault regardless of how neg π was, but the π’s recovery will be reduced by his proportionate neg.
Partial comparative neg
Bars the π’s recovery if his neg was more serious than the ∆’s, if more than 50%.
Assault
To est a PF case for assault, πmust show:
(1) Reas apprehension in the πof immediate harmful or offensive contact;
(2) Intent;
(3) Causation
Battery
To est PF case for battery, πmust show:
(1) an act by ∆ that brings about harmful of offensive contact;
(2) Intent;
(3) Causation
False Imprisonment
To est a PF case for FI, πmust show:
(1) act or omission by ∆ that confines or restrains πto bounded area;
(2) Intent to confine π;
(3) Causation
IIED
To PF case for IIED reqs:
(1) act by ∆amounting to extreme and outrageous conduct;
(2) Intent by ∆ to cause πto suffer severe emo distress, or recklessness as to the effect of the ∆’s conduct;
(3) Causation;
(4) Damages (severe emo dist).
Trespass to Chattels
(1) Act by ∆that interferes w/ π’s right of possession;
(2) Intent to do the act that brings about the interference;
(3) Causation;
(4) Damages.
Conversion
To est a PF case, πmust show:
(1) an act by ∆interfering w/ π’s right of possession in chattel that is serious enough in nature to warrant that the ∆ pay full value of chattel;
(2) Intent to do the act that brings about the interference;
(3) Causation
Licensee & Duties
Licensee is one who enters land w/ the owner’s consent for his own purpose (social guests). LO has duty to warn of all known dangerous conditions that create an unreas risk of harm that the licensee is unlikely to discover and to use reas care in conducting its active operations on the prop. No duty to repair or inspect the premises
Invitee and Duties
Invitee is one who enters the land in response to an invitation by the owner to do bus w/ the owner or as a public invitee for land open to the public at large. LO has duty to make a reas inspection to find hidden dangers and take aff action to remedy a dangerous condition.
Strict Products Lia
To prevail, πmust est:
(1) the ∆is a commercial supplier;
(2) the ∆ produced or sold a product that was defective when it left the ∆’s control;
(3) the defective product was the actual and pros cause of π’s injury;
(4) πsuffered damages to person or prop (econ damages not recoverable).
Commercial Supplier
A commercial supplier is one who places products in the stream of commerce, doesnt apply to casual sellers. Includes many, wholesalers, assemblers, distributors and retailers.
