Torts Flashcards Preview

Bar Exam 2014 > Torts > Flashcards

Flashcards in Torts Deck (12):
1

Battery Definition

Act intending to cause harm or offensive contact, and offensive or harmful contact occurs

2

Shopkeeper's Privilege

A businessman who reasonably suspects a customer of theft or failure to pay may detain suspected individual for a short time to investigate. Irrelevant if foreseeable. Privilege confined to that reasonably necessary for a short investigation.

3

3rd Party Recovery for Intentional Infliction of Emotional Distress

1. P must be present
2. P must be a close relative to injured party
3. D knew or should've known of P's presence
4. Actual damage required

4

Trespass to Chattel

D interferes with another's lawful possession of chattel (movable property)

5

Negligence Per Se

Negligence w/ violation of a statute

6

Pure Comparative Fault

MBE default rule. Can recover even if P's negligence exceeds D's. Even if P is 99% at fault, P can still recover 1%.

7

Misrepresentation Elements

1) Material misrepresentation
2) D acts w/ scienter/guilty knowledge (can be satisfied by D lying or D makes a statement of fact no knowing whether true or false)
3) D must intend to induce reliance
4) P must justifiably rely on the misrepresentation
5) P must suffer pecuniary damages

8

Defamation Elements

1) False, defamatory statement of fact was made
2) Reasonably understood as relating to P
3) Intentionally or negligently published to a 3rd party (foreign language needs to be understood)
4) Causing P damage
5) Made w/ the requisite degree of fault as to the truth or falsity of the statement

9

Public Figure

pervasive fame, attempts to use media to gain notoriety, injects self into the public arena to attempt to direct public policy

10

Appropriation Definition

The unauthorized use by D of P's picture or name for D's commercial advantage

11

Abnormally Dangerous Activities

If the activity creates a risk of serious injury to the land or chattels of P or to P himself and this risk cannot be eliminated through the exercise of due care, and the particular activity is not generally performed in that particular physical area. Examples- Storage of explosives, fumigation, crop dusting, the storage of flammable liquids, pile driving, and the maintenance of a hazardous waste site.

12

Private Nuisance

A disturbance that creates a substantial and unreasonable interference with the use and enjoyment of one’s property.