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Bar Exam 2014 > Torts > Flashcards

Flashcards in Torts Deck (12):

Battery Definition

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


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.


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


Trespass to Chattel

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


Negligence Per Se

Negligence w/ violation of a statute


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%.


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


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


Public Figure

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


Appropriation Definition

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


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.


Private Nuisance

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