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Torts Flashcards

(62 cards)

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1
Q

Elements of Intentional Torts

A

Act + intent + causation

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2
Q

Transferred Intent torts

A

Assault, battery, false imprisonment, trespass to land/chattels

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3
Q

Assault

A

Act + reasonable apprehension of immediate battery

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4
Q

Battery

A

Harmful conduct + contact with person

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5
Q

False Imprisonment

A

Act/omission + confinement of P in bound area

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6
Q

Intentional Infliction of Emotional Distress

A

Act (extreme/outrageous) + P suffers
Recklessness can satisfy intent
Actual damages are required

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7
Q

Intentional Infliction of Emotional Distress - Bystanders

A

Presence + bodily harm OR person was close relative and D knew that

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8
Q

Trespass to Land

A

Physical invasion of real property

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9
Q

Trespass to Chattels

A

Act + interference with P’s right of possession
Actual damages are required
Mistaken ownership is not a defense

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10
Q

Conversion

A

Act + serious interference with right of possession
Provides full market value/possession
Mistaken ownership is not a defense

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11
Q

Affirmative Defenses to Intentional Torts

A

Consent
Self Defense
Defense of Others
Defense of Property
Necessity Defenses

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12
Q

Consent

A

Express or Implied (custom/conduct)
Exceptions: mistake, fraud, duress

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13
Q

Self Defense

A

D believes they are being/about to be attacked, responds in heat of moment
No duty to retreat in house
Duty to retreat before using deadly force if safe
Reasonable mistake is allowed

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14
Q

Defense of Others

A

If D reasonably believes protected person could use force
Reasonable mistake is allowed

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15
Q

Defense of Property

A

Force may be used, but request to leave/stop must happen first if safe
Reasonable mistake is allowed re intrusion, but not others’ privileges (which supersceed right)
No deadly force allowed

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16
Q

Shopkeeper’s Privilege

A

Merchant can detain w/ reasonable belief
Reasonable time, manner, and suspicion

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17
Q

Necessity Defense

A

Only for property torts
Can interfere if necessary in emergency if threat is more serious than invasion
Public necessity (avert public disaster) Private necessity (prevent serious harm to people) > pay for damage caused

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18
Q

Negligence Elements

A

Duty + breach + actual/proximate cause + damages

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19
Q

Who is owed a duty of care?

A

All foreseeable plaintiffs (zone of danger)

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20
Q

Standard for Duty of Care

A

Reasonably prudent person under similar circumstances

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21
Q

Special Duty of Care - Children

A

Standard of like child (age, intelligence, experience) [unless engaged in adult activity]

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22
Q

Special Duty of Care - Professional

A

Standard of knowledge/skill of average member of profession

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23
Q

Special Duty of Care - Land Possessors - Known Trespassers

A

Known, man-made, concealed death traps on land

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24
Q

Special Duty of Care - Land Possessors - Licensees

A

Protect licensees from all known traps (concealed)

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25
Special Duty of Care - Land Possessors - Invitees
Protect from concealed and known traps (or ones that could be discovered)
26
Special Duty of Care - Land Possessors - Children
Dangerous condition (known/should know), owner knows children may trespass, condition will injure child, and expense of remedy is slight compared to possible harm
27
Negligence Per Se
Borrowing a criminal statute to show duty and breach Requires showing P is class of persons protected and the injury is the class of risk to be prevented + D violated statute Exception if compliance would cause more harm
28
Affirmative Duty to Act
Reasonably prudent person standard Special relationships (parent, shopkeeper) Peril due to own conduct Assumption of Duty by Acting Guest in Automobile
29
Negligent Infliction of Emotional Distress
Duty breached if D creates foreseeable risk and P is in zone of danger and suffers physical symptoms from the distress
30
Negligent Infliction of Emotional Distress - Bystander
P and injured person related, P present, P observed
31
How to show breach?
Evidence of custom/usage used to show reasonable person standard
32
Res Ipsa Loquitur
Type of injury occurs with negligence by someone in D’s position This makes a prima facie case (no directed verdicts)
33
Factual Causation
Injury would not have occurred but for act or omission
34
Factual Causation - Merged Causes
Substantial factor test (each breach could cause) > joint & severable liability
35
Proximate Causation
D liable if negligence caused foreseeable reaction or risk (time, distance, etc.)
36
Personal Injury Damages
All damages, economic damages, and noneconomic damages (maybe also emotional if physical injury)
37
Property Damages
Reasonable cost of repair or full market value
38
Punitive Damages
Only if D wanton, willful, reckless, or malicious
39
Defenses to Negligence
Comparative Negligence Assumption of Risk
40
Comparative Negligence
P failed to exercise care for own safety Jury will assign a percentage of fault (at discretion) and P’s recovery reduced
41
Strict Liability For:
Animals Abnormally Dangerous Activities Products Liability
42
Strict Liability - Animals
Liable if knowledge of animal’s dangerous propensities specific to this animal Not owed to trespassers Liable for reasonably foreseeable damages from your animals trespassing Wild animals: strictly liable to licensees and invitees
43
Strict Liability - Abnormally Dangerous Activities
These are activities which cannot be made safe with ordinary care + activity is not common in community Liability to foreseeable Ps (reasonable person would foresee)
44
Strict Liability - Products Liability
D is commercial supplier, product was defective when it left D’s control, product was actual/proximate cause of injury, and P suffered damages Product moved through normal distribution > inferred defective manufacture (unless retailer discovered and didn't warn buyer) P has to be making a foreseeable use of product, but misuse is foreseeable
45
Strict Liability - Products Liability - Manufacturing Defect
Product is different from others and more dangerous
46
Strict Liability - Products Liability - Design Defect
All products of line have dangerous propensities P must show safer, practical, and economically feasible al design
47
Strict Liability - Products Liability - Informational Defect
Manufacturer failed to give adequate info Adequate warnings are prominent, comprehensible, and give info about mitigating any risks
48
Nuisance
Interference with P’s use/enjoyment of real estate
49
Private Nuisance
Substantial, unreasonable interference with use/enjoyment of another Must be offensive, inconvenient, or annoying to average person in community
50
Public Nuisance
Unreasonably interferes with health/safety/property rights of community Recovery available if private party suffered unique damage not suffered by public
51
Remedies for Nuisance
Injunctive relief (damages inadequate), self-help after notice + refusal
52
Vicarious Liability
Employer-employee: liable if within scope of relationship (respondeat superior) Intentional torts only count if: furthering business, force authorized, friction generated Independent Contractors: hiring party not liable if they don’t control manner/method BUT there are some duties which are nondelegable (businesses > safe premises)
53
Comparative Contribution
Contribution in proportion to relative faults of various Ds
54
Indemnification
Full reimbursement to out-of-pocket D
55
Defamation
Statement, identifying P, published, with falsity and fault, resulting in damage
56
Defamation - Fault
Public Official/Figure: Malice (knowledge of false or reckless disregard) Private Persons if matter of public concern: Negligence; Only actual damages are recoverable, but with malice > punitive too
57
Defamation - Damages
Libel – permanent form, damages are presumed Slander – spoken form, must prove economic damages unless slander per se (adverse impact on business/profession, claim of serious crime, sexual misconduct, loathsome disease)
58
Defamation - Defenses
Consent Privilege
59
Defamation - Defenses - Absolute Privilege
Absolute – Can never be lost Communications between spouses Officers of government acting in official capacity
60
Defamation - Defenses - Qualified Privilege
Lost through abuse/malice Applies when there is a public interest in encouraging candor Applies to statement made in good faith and relevant in scope
61
Invasion of Right to Privacy
Appropriation of P’s picture or name for commercial purposes Intrusion on P’s affairs or seclusion Publication of facts placing the plaintiff in a false light (public interest > malice) Public disclosure of private facts
62

Bar Exam (8 decks)

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