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Torts Flashcards

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1
Q

What is the duty of a premises possessor regarding invitees?

A

A premises possessor must warn invitees of known dangers and inspect for unknown dangers.

This duty is imposed on the possessor to ensure safety for those entering the premises.

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2
Q

What must a plaintiff show to establish breach in a negligence case?

A

The plaintiff must show that the defendant breached its duty of care.

This involves proving that the defendant failed to act with reasonable care.

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3
Q

What does ‘res ipsa loquitur’ mean in legal terms?

A

It means the circumstances surrounding the injury imply negligence by the defendant.

If applicable, this allows the case to proceed to trial.

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4
Q

What are the two types of causation in negligence?

A
  • Actual (but for) cause
  • Proximate cause
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5
Q

What is actual (but for) cause?

A

There must be a factual connection between the breach and the injury suffered.

This establishes that the injury would not have occurred ‘but for’ the defendant’s actions.

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6
Q

What is proximate cause?

A

The harm must be a foreseeable result of the breach.

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7
Q

Give an example of foreseeable harm.

A
  • Medical malpractice after an accident
  • Harm during rescue efforts
  • Disease following an accident
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8
Q

What is the substantial factor test?

A

Used when there are multiple defendants; if a defendant’s breach was a substantial factor in causing harm, they are liable.

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9
Q

What must a plaintiff demonstrate to recover in a negligence action?

A

The plaintiff must suffer actual harm.

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10
Q

What is comparative negligence?

A

A judge or jury compares the plaintiff’s fault with the defendant’s fault and assigns percentages.

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11
Q

What is pure comparative negligence?

A

The plaintiff can recover regardless of their negligence, with damages reduced by their percentage of fault.

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12
Q

What is partial (modified) comparative negligence?

A

The plaintiff cannot recover if they were more at fault than the defendant or equally at fault in some states.

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13
Q

What is contributory negligence?

A

The plaintiff cannot recover if they were even slightly negligent unless the defendant had the last clear chance to avoid the injury.

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14
Q

What is assumption of risk in negligence cases?

A

If the plaintiff knew of the risk and voluntarily assumed it, they generally cannot recover damages.

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15
Q

What is joint and several liability?

A

The plaintiff may recover all damages from any single defendant, who can seek contribution from co-defendants.

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16
Q

What is vicarious liability?

A

Employers or principals are liable for the torts of their employees or agents committed in the scope of employment.

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17
Q

When can a principal be liable for the torts of independent contractors?

A

If the duty is nondelegable or the activity is inherently dangerous.

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18
Q

What constitutes assault?

A

The defendant acts with intent to cause harmful or offensive contact, resulting in imminent apprehension.

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19
Q

What is battery?

A

Defendant acts with intent to cause harmful or offensive contact, and such contact results.

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20
Q

What is false imprisonment?

A

Defendant intends to confine the plaintiff to a bounded area, and actual confinement occurs.

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21
Q

What is trespass to land?

A

Defendant physically invades the land of another with intent to be there.

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22
Q

What is conversion?

A

Defendant intentionally interferes with another’s personal property, causing serious harm.

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23
Q

What is misrepresentation?

A

A material misrepresentation by the defendant, made with knowledge of its falsity, intended to induce reliance.

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24
Q

What is a private nuisance?

A

Defendant uses property in a way that causes substantial unreasonable interference with the plaintiff’s land use.

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25
What is public nuisance?
Defendant unreasonably interferes with the health, safety, or morals of a community.
26
What are the elements of negligent infliction of emotional distress (NIED)?
* Defendant is negligent * Plaintiff suffers physical symptoms from emotional distress * Plaintiff is in the zone of danger or witnesses injury to a closely related person
27
What is strict liability?
Liability without fault for certain activities that create foreseeable risks of harm.
28
What are the types of defects in product liability?
* Manufacturing defect * Design defect * Lack of warning/instructions
29
What is false light in invasion of privacy?
Defendant spreads facts placing the plaintiff in a false light that would be offensive to a reasonable person.
30
What is appropriation in invasion of privacy?
Defendant uses the plaintiff's name or likeness without authorization for advertising.
31
What is intrusion in invasion of privacy?
Defendant intentionally intrudes into a private place in an offensive manner.
32
What is disclosure in invasion of privacy?
Defendant publishes private information about the plaintiff that would be highly offensive.
33
What is the defense of consent in privacy torts?
Consent applies as a defense to all four privacy torts.
34
What must a plaintiff prove to make a claim for negligence?
A plaintiff must prove duty, breach, causation, and harm.
35
What standard applies to determine duty in negligence cases?
The reasonably prudent person standard applies.
36
How is duty determined for children in negligence cases?
Use a subjective standard considering age, intelligence, and experience. If engaged in an adult activity, use the reasonably prudent person standard.
37
What is the duty owed to an undiscovered trespasser?
No duty of care is owed, but the premises possessor cannot act wantonly or willfully.
38
What is the duty owed to a discovered trespasser?
The premises possessor must warn of or make safe unreasonably dangerous artificial conditions that it knows of.
39
What is the duty owed to a licensee?
The premises possessor must warn of or make safe all concealed dangers that it knows of.
40
What is the duty owed to an invitee?
The premises possessor must warn of or make safe all dangers that it knows or should know of, and has a duty to inspect.
41
What must a plaintiff show to establish breach of duty?
A plaintiff must show that the defendant breached its duty of care.
42
What is res ipsa loquitur?
It means that the case should go to trial if the plaintiff can show that the injury likely was the result of negligence.
43
What are the two types of causation in negligence?
Actual (but for) cause and proximate cause.
44
What is actual (but for) cause?
There must be a factual connection between the breach and the injury suffered.
45
What is proximate cause?
The harm must be a foreseeable result of the breach.
46
What is required for a plaintiff to recover in a negligence action?
A plaintiff must suffer actual harm.
47
What is comparative negligence?
A judge or jury compares the plaintiff's fault with the defendant's fault and assigns percentages to each.
48
What is pure comparative negligence?
The plaintiff can recover no matter how negligent he is; damages are reduced by his percentage of fault.
49
What is partial (modified) comparative negligence?
If the plaintiff was more at fault than the defendant, the plaintiff cannot recover.
50
What is contributory negligence?
The plaintiff cannot recover if he was even a little bit negligent unless the defendant had the last clear chance.
51
What is assumption of risk?
If the plaintiff knew of the risk and voluntarily assumed it, he generally cannot recover damages.
52
What is joint and several liability?
In a joint and several liability jurisdiction, the plaintiff may recover all damages from any single defendant.
53
When is an employer vicariously liable?
Employers are vicariously liable for the torts of their employees committed in the scope of employment.
54
What is the general rule regarding independent contractors?
A principal is generally not liable for the torts of independent contractors unless the duty is nondelegable or the activity is inherently dangerous.
55
What constitutes assault?
Defendant acts with intent to cause harmful or offensive contact, resulting in imminent apprehension.
56
What constitutes battery?
Defendant acts with intent to cause harmful or offensive contact, resulting in such contact.
57
What constitutes false imprisonment?
Defendant acts with intent to confine the plaintiff to a bounded area, and actual confinement occurs.
58
What is intentional infliction of emotional distress (IIED)?
Defendant intentionally or recklessly engages in extreme conduct that causes severe emotional distress.
59
What is trespass to land?
Defendant physically invades the land of another and intends to be where he is.
60
What is private nuisance?
Defendant uses his property in a way that causes substantial unreasonable interference with the plaintiff's use of his land.
61
What is misrepresentation?
There is a material misrepresentation by the defendant, who knew the statement was false or acted with reckless indifference.
62
What are the elements of intentional interference with business relations?
There is a valid business relationship, the defendant intentionally coerces termination, and the interference results in damages.
63
What are the general elements of negligent infliction of emotional distress (NIED)?
The defendant is negligent, the plaintiff suffers physical symptoms, and the plaintiff is in the zone of danger or witnesses a negligent injury.
64
What must a plaintiff prove to make a claim for negligence?
A plaintiff must prove duty, breach, causation, and harm.
65
What standard applies to determine duty in negligence cases?
The reasonably prudent person standard applies.
66
How is duty determined for children in negligence cases?
Use a subjective standard considering age, intelligence, and experience. If engaged in an adult activity, use the reasonably prudent person standard.
67
What is the duty owed to an undiscovered trespasser?
No duty of care is owed, but the premises possessor cannot act wantonly or willfully.
68
What is the duty owed to a discovered trespasser?
The premises possessor must warn of or make safe unreasonably dangerous artificial conditions that it knows of.
69
What is the duty owed to a licensee?
The premises possessor must warn of or make safe all concealed dangers that it knows of.
70
What is the duty owed to an invitee?
The premises possessor must warn of or make safe all dangers that it knows or should know of, and has a duty to inspect.
71
What must a plaintiff show to establish breach of duty?
A plaintiff must show that the defendant breached its duty of care.
72
What is res ipsa loquitur?
It means that the case should go to trial if the plaintiff can show that the injury likely was the result of negligence.
73
What are the two types of causation in negligence?
Actual (but for) cause and proximate cause.
74
What is actual (but for) cause?
There must be a factual connection between the breach and the injury suffered.
75
What is proximate cause?
The harm must be a foreseeable result of the breach.
76
What is required for a plaintiff to recover in a negligence action?
A plaintiff must suffer actual harm.
77
What is comparative negligence?
A judge or jury compares the plaintiff's fault with the defendant's fault and assigns percentages to each.
78
What is pure comparative negligence?
The plaintiff can recover no matter how negligent he is; damages are reduced by his percentage of fault.
79
What is partial (modified) comparative negligence?
If the plaintiff was more at fault than the defendant, the plaintiff cannot recover.
80
What is contributory negligence?
The plaintiff cannot recover if he was even a little bit negligent unless the defendant had the last clear chance.
81
What is assumption of risk?
If the plaintiff knew of the risk and voluntarily assumed it, he generally cannot recover damages.
82
What is joint and several liability?
In a joint and several liability jurisdiction, the plaintiff may recover all damages from any single defendant.
83
When is an employer vicariously liable?
Employers are vicariously liable for the torts of their employees committed in the scope of employment.
84
What is the general rule regarding independent contractors?
A principal is generally not liable for the torts of independent contractors unless the duty is nondelegable or the activity is inherently dangerous.
85
What constitutes assault?
Defendant acts with intent to cause harmful or offensive contact, resulting in imminent apprehension.
86
What constitutes battery?
Defendant acts with intent to cause harmful or offensive contact, resulting in such contact.
87
What constitutes false imprisonment?
Defendant acts with intent to confine the plaintiff to a bounded area, and actual confinement occurs.
88
What is intentional infliction of emotional distress (IIED)?
Defendant intentionally or recklessly engages in extreme conduct that causes severe emotional distress.
89
What is trespass to land?
Defendant physically invades the land of another and intends to be where he is.
90
What is private nuisance?
Defendant uses his property in a way that causes substantial unreasonable interference with the plaintiff's use of his land.
91
What is misrepresentation?
There is a material misrepresentation by the defendant, who knew the statement was false or acted with reckless indifference.
92
What are the elements of intentional interference with business relations?
There is a valid business relationship, the defendant intentionally coerces termination, and the interference results in damages.
93
What are the general elements of negligent infliction of emotional distress (NIED)?
The defendant is negligent, the plaintiff suffers physical symptoms, and the plaintiff is in the zone of danger or witnesses a negligent injury.

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