Torts Flashcards
1
Q
Battery
A
- Intentional infliction
- harmful/offensive contact
1
Q
Intentional Torts
A
battery
assault
IIED
false imprisonment
trespass to land
trespass to chattels
conversion
2
Q
Assault
A
- Intentional
- causing apprehension of
- imminent
- harmful/offensive contact
3
Q
IIED
A
- intentional/reckless infliction by
- extreme and outrageous conduct, causing
- severe emotional distress
- third-party liability
4
Q
False imprisonment
A
- intentional
- confinement/restraint
- bounded area
- no reasonable means of escape
- P aware or harmed
5
Q
Trespass to land
A
- intentional
- physical invasion of
- real property of another
6
Q
Trespass to chattels
A
- intentional
- interference with
- P’s use or possession
- in a chattel
7
Q
Conversion
A
- trespass to chattels and
- substantial interference
- D pays full value
8
Q
Intentional Torts Defenses
A
- Consent
- Self-defense
- Defense of others
- Defense of property
- Recapture chattels
- Shopkeeper’s privilege
- Arrest
- Necessity
9
Q
Consent
A
- Express
- Implied
10
Q
Self-defense
A
Reasonable force
11
Q
Defense of others
A
- Reasonable belief the other person could defense
- reasonable force
12
Q
Defense of property
A
- reasonable force to
- prevent property tort
13
Q
Recapture chattels
A
- fresh pursuit
- reasonable force
- wrongful taking
14
Q
Shopkeeper’s privilege
A
- Temporarily detain
- Reasonable belief stolen
15
Q
Arrest
A
- D restrains P by
- exercising legal rights
16
Q
Necessity
A
- reasonably necessary
- to prevent greater harm
- Public: no damages
- Private: pay for damage
17
Q
Negligence
A
- Duty of care
- Breach
- Causation
- Damages
18
Q
Duty of care
A
to whom the duty is owed:
- Foreseeable plaintiffs only (Cardozo)
- Everyone (Andrews)
General standard - “Reasonable person”
Special standards
- no affirmative duty to act unless 1) special relationship; 2) caused danger; 3) volunteer assistance.
- professional
- children
- bailment
- special landowner standard
- negligence per se
19
Q
Breach
A
- Failure to meet the standard of care
- res ipsa loquitur
20
Q
Actual cause
A
- But-for test
- alternative causes (only one at fault)
- substantial factor (joint tortfeasors)
21
Q
Proximate cause
A
Reasonable foreseeability
eggshells plaintiff
intervening causes
22
Q
Damages
A
- actual injury required
- duty to mitigate
23
Q
NIED
A
P physical injury
P zone of danger
24
Defenses
- contributory negligence
- comparative negligence
- assumption of risk
25
Strict liability
- animals- wild animal / domestic if known propensity
- dangerous activities - 1) high risk of serious harm; 2) cannot eliminate risk with reasonable care; 3) not common in the area; 4) balancing between the danger and the benefit of the activity
26
Nuisance
- Private nuisance: 1) substantial, unreasonable interference with 2) use and enjoyment of property
- Public nuisance: 1) substantial, unreasonable interference with; 2) health, safety, property rights of community; 3) private party can recover with different damages/special harm
27
Product liability theories
- strict liability
- negligence
- warranties
- misrepresentation
- intentional
28
Fraud/misrepresentation elements
- misrepresentation of fact
- scienter (knowing/reckless)
- intent to induce reliance
- causation
- justifiable reliance
- pecuniary damages
28
Negligent misrepresentation
- Same as fraud/intentional misrepresentation
- D acted in business or professional capacity; and
- D acted with no reasonable grounds
29
Defenses to nuisance
- Legislation
- Assumption of risk/comparative negligence
- Coming to nuisance
30
Defamation
Common Law
- Defamatory statement
- of or concerning P
- Publication to 3rd party and understand
- causation
- damages: presumed damages for libel; must prove special damages for slander.
Constitutional requirements apply for statements of public concern:
- fault in publication by D must be made by malice for public figure P; negligence for private figure P.
31
Defamation defenses
consent
truth
privilege - absolute/qualified
32
misappropriation
- P's name or picture
- unauthorized use for
- D's commercial advantage
32
Privacy rights
- misappropriation
- intrusion on P's solitude
- false light
- publicity of private life
33
Intrusion upon seclusion
- Intrusion of private affairs
- reasonable expectation of privacy
- highly objectionable
34
False light
- public placement
- in false light
- highly objectionable to reasonable person
35
Publicity of private life
- publicized details of
- private life
- highly objectionable to reasonable person
36
Malicious prosecution
- legal proceedings
- end in P's favor
- no probable cause
- improper purpose
- damages
37
Abuse of process
- Wrongful use/process
- ulterior purpose
- willful act/wrongful manner
38
Interference with business relations
- Contract or business expectancy
- D's knowledge
- Intentional interference
- damages
Defense: fair competition
39
Vicarious liability
- scope of employment
- employee vs. independent contractor
40
Multiple defendants
- joint and several liability
- contribution
- indemnity
41
Survival rights
COA survives death
42
Wrongful death
next of kin can recover
43
Tortious interference with family relationships
loss of consortium or services for spouse or child
