Torts Flashcards
(18 cards)
parents owe a duty of _________ ______ to prevent their _________ children from causing foreseeable harm to others
reasonable care
minor
what is the doctrine of avoidable consequences?
P’s failure to mitigate damages reduces P’s recovery by the amount of damages that could have been avoided had P used reasonable care after D’s tort was commited
if there are multiple negligent defendants, they are subject to _____________ and _____________ liability, even if it is impossible to prove which defendant actually caused the harm–BUT, P must prove that both were ____________ _____________
joint and several
actually negligent
a private plaintiff can only sue for public nuisance if the plaintiff sustained [special damage that is different from the public at large][damages that are the same sort as those suffered from the public at large]
special damage that is different from the public at large
after an employer is sued, and loses, under a theory of vicarious liability for one of their employees, can the employer seek full compensation (indemnification) from the employee for the loss?
yes
trespass to chattels through use or intermeddling with the plaintiffs chattel requires proof of actual damages through one of which three methods?
(1) actual harm to the chattel;
(2) substantial loss of use of the chatter; or
(3) bodily harm to the plaintiff
liability for invasion of privacy based on misappropriation of the right to publicity arises when a defendant (1) ______ the plaintiff’s name, likeness, or an item closely ________ with the plaintiff without authorization; (2) obtains a _______; and (3) causes P an _______
uses
related
benefit
injury
liability for intentional misrepresentation arise when (1) the defendant __________ or __________ misrepresents a material fact with the intent to induce the plaintiff’s reliance, and (2) the plaintiff reasonably relies on the misrepresentation and suffers a _____________ loss as a result
knowingly or recklessly
pecuniary
vicarious liability exists for third parties hired to do __________________ dangerous activities because of a _____________ duty of care
abnormally
non-delegable
an employer may be liable for a tort committed by an employee during the employee’s ______, but not during the employee’s ______
detour
frolic
When multiple defendants have contributed to the plaintiff’s injury, the plaintiff may establish causation by showing that the defendant’s conduct was a ___________ ______ in causing the plaintiff’s injury.
substantial factor
In most jurisdictions, a private actor (i.e., an individual who is not an on-duty law enforcement officer) is privileged to use force (e.g., commit a battery or false imprisonment) to make an arrest in the case of a felony if the felony has in fact been committed and the arresting party has ___________ _______ to suspect that the person being arrested committed it.
reasonable grounds
are parents liable for their own negligence with respect to their minor children?
yes
a plaintiff who suffers only economic loss without any related personal injury or property damage [cannot][can] recover such loss through a negligence action
cannot
A person who comes to the aid of another is a [foreseeable][unforeseeable] plaintiff
foreseeable
duty of reasonable care [does][does not] apply to a strict products liability action
does
While taking a photograph of a person in a public place is not generally considered an unreasonable intrusion, there [is not][is] an exception if the photograph is taken in a manner that reveals information that the plaintiff expects to keep private, even in public.
is not
Does yelling mere insults, threats, or indignities at someone generally rise to the level of extreme and outrageous conduct?
No
