Torts Flashcards
(27 cards)
NIED
Negligent, zone of danger (danger + serious emotional distress)
Bystander - witness + severe ED
Product Liability - Negligence
Commercial manufacturer, distributor, retailer, or seller - NOT SERVICE
Duty - exercise reasonable care
Breach - inspect or design
Causation = but for/reasonably foreseeable P
Damages - physical harm
Strict Product Liability
Commercial seller (not service provider or SUPPLIER), foreseeable user (friend, buyer, rescuer), defective or failure to warn (inadequate warning) product, intended
If adequate warning would have prevented harm/DANGER FORESEEABLE - barred
Res Ispa Loquitur
Would not occur, D in EXCLUSIVE CONTROL (not 2 years later or immediately before ), Jury can INFER, motion
Misrepresentation
Intent, material fact, INDUCED, $ loss, duty to disclose
V negligent, false statement (not opinions), induce reliance someone close, $ loss or harm
Special relationships - Duty
Parent/child, hospital/patient, employer/employee, shopkeeper/invitees, common carrier/passenger, in keepers/guests
Duty to use reasonable care
Mitigate foreseeable risks (propensity)
Battery
INTENT, harmful/offensive contact
OR KNOWLEDGE CERTAIN TO OCCUR (I.e., stream of commerce or injuring hiker)
IIED
Intent/recklessly caused severe & emotional distress, via extreme/reckless conduct (flagrant indecency, exploiting known vulnerability, abusing authority, repeated harassment)
Risk Utility Test
Posses foreseeable risk of harm & feasible alternative design
Defamation
Defamatory statement (false, negative), published (spoken/written), harm reputation (reasonable interpretation, subestiman doubt)/loss
Slander - required special harm/pecuniary loss
Slander per se - occupation (professional/student), chastity of women, crime of moral torpitude, or loathsome disease
Private = knowledge/negligence (look for STANDARD)
Public = knowledge/reckless/malice
Trespass to Chattels
Intent, interfere, dispossession/Inter meddles, harm/harm inferred, pay for time
Negligence - Causation
Actual (but for)/substantial factor
Proximate (reasonable foreseeable)
Unless intentional tort, crime (unless reasonable foreseeable), act of god
❌ no superseding cause breaks chain
Nuisance
Prívate - substantial & unreasonable interference , use & enjoyment (also harm)
Public - reasonable interference, public at large (also harm) & private individual must establish loss
Defense to intentional torts - consent
Consent, w/in scope (or exceeds consent)
Implied = actually/apparently necessary in emergency
Negligence per se
Violated statute, intended to prevent type of harm, class of persons (otherwise no negligence)
Duty - land entrants
Duty of reasonable care (except trespassers) if activity anticipated/should of known (I.e., hidden shaft)
Landlord duties - dangerous conditions
Duty reasonable care
Hidden defects, repairs, safe common areas, maintain, good condition, dangerous conditions/propensities
Recoverable Personal Injury Damages
Intentional torts/reckless torts - comp., nominal, punitive
Negligence - comp. (Initial & subsequent)
Abnormally Dangerous Activity
Not commonly engaged in & foreseeable/highly significant risk of harm even w/ reasonable care
Negligence - Duty
(1) reasonable prudent person, trespasser = no duty, known trespasser = hidden danger, licensee/social guest = hidden danger, invitee/business guest = hidden danger, inspect, make safe, & DUTY when CONDUCT exposes others to an unreasonable risk of harm from 3rd party
Invasión of privacy
Prívate info & reasonable person object to disclosure of info
EX: PUBLIC MEETINGS/EVENTS OR SUFFICIENT PUBLIC INFO
Trepass to land
Intent, enter land
Protect - unlikely to cause harm/death & apparent so cannot recover
Attractive Nusiance
Duty to protect children trespasser from artificial condition
Children likely to trespass, risk of harm, cannot discover/appreciate risk, & risk outweighs the condition’s utility/burden
Motions
Jury can infer/conclude - some evidence
Undisputed - grant directed motion
