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July 2025 CBX > Torts > Flashcards

Torts Flashcards

(80 cards)

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1
Q

What is the prima facie case for intentional torts?

A

Voluntary Act + Intent + Particular Outcome Resulted From Defendant’s Act + Specific Elements of the Tort

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2
Q

Define Battery.

A

(1) intentionally causing (2) harmful or offensive (3) bodily contact with another person

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3
Q

What constitutes harmful or offensive contact in battery?

A

Physical harm or offends a reasonable sense of personal dignity

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4
Q

Define Assault.

A

(1) intentionally placing a person in (2) reasonable apprehension of (3) imminent (4) harmful or offensive contact

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5
Q

What is meant by apprehension in the context of assault?

A

Anticipation or perception of imminent harmful/offensive conduct

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6
Q

Define False Imprisonment.

A

(1) an intentional (2) act of restraint on another person causing that person’s (3) confinement within a bounded area

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7
Q

What does confinement mean in false imprisonment?

A

Physically restricting a person’s freedom of movement or threatening imminent unlawful force, where there is no reasonable means of escape

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8
Q

What are the elements of IIED (Intentional Infliction of Emotional Distress)?

A

(1) extreme and outrageous conduct (2) intentionally or recklessly causes a person to suffer (3) severe emotional distress

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9
Q

How is extreme and outrageous conduct defined?

A

Utterly intolerable in a civilized community

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10
Q

What is considered severe emotional distress?

A

A medical diagnosis or physical manifestation is not required, but they can help prove the existence of severe distress

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11
Q

Define Trespass to Land.

A

(1) intentionally entering or remaining on (2) another person’s real property (3) without permission

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12
Q

What is Trespass to Chattels?

A

(1) an act that (2) intentionally (3) interferes with (4) another’s personal property

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13
Q

What is Conversion?

A

(1) an act causing (2) serious and substantial interference with or destruction of (3) another’s personal property

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14
Q

What is Transferred Intent?

A

Intent as to one tort/person qualifies as intent for another tort/person

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15
Q

What is the Eggshell Skull rule?

A

If a prima facie case is established, the plaintiff will recover the full extent of damages, even if the plaintiff’s harm was unforeseeable

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16
Q

What are the three types of consent?

A
  • Actual willingness for the conduct to occur
  • Apparent consent
  • Implied consent as a matter of law or policy
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17
Q

What is required for self-defense?

A

(1) the use of force to protect oneself from (2) the threat of imminent unlawful force

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18
Q

What does the Reasonable Belief standard entail?

A

Actor’s belief must be reasonable

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19
Q

Is there a duty to retreat before using force?

A

Retreat is not necessary prior to using nondeadly force or deadly force, with some exceptions

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20
Q

What is the Proportionality requirement in self-defense?

A

Self-defense must be proportional to the unlawful force prevented

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21
Q

What is the definition of Defense of Others?

A

(1) use of force to protect another person from a (2) threat of (3) imminent unlawful force

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22
Q

What constitutes Defense of Property?

A

(1) use of force to prevent an (2) ongoing or imminent tort against the person’s property

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23
Q

What is Public Necessity?

A

Harm threatened a large number of people or the public at large

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24
Q

What is Private Necessity?

A

Harm threatened the defendant herself or a limited number of people

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25
What does Discipline allow a parent to do?
Use reasonable force or confinement for the discipline, control, or education of a child
26
What is the prima facie case for Negligence?
Duty + Breach + Factual Causation + Proximate Causation + Actual Harm
27
What is the Cardozo Rule?
A foreseeable plaintiff is anyone within the zone of danger
28
What is the Andrews Rule?
A foreseeable plaintiff is anyone harmed by the defendant’s negligent behavior, regardless of the zone of danger
29
What is required for Affirmative Actions to Protect Others?
A special relationship with (a) the third party or (b) the injured party
30
What is the standard of care owed to adult trespassers?
No duty to protect unless the trespasser is known/anticipated
31
What duty is owed to child trespassers?
A duty of reasonable care if certain conditions are met
32
What is the Firefighter’s Rule?
Public safety officials cannot sue for negligence causing events that make their public duties necessary
33
What is the Hand Formula?
A defendant breached if (1) the cost of the burden of taking the precaution is (2) less than the probability of loss (3) multiplied by the gravity of the loss
34
What is Negligence Per Se?
A defendant’s violation of a law establishes breach if certain conditions are met
35
What is Res Ispa Loquitur?
A jury can infer breach if certain conditions are met
36
What is Factual Causation?
But for the defendant’s conduct, the plaintiff would not have been injured, or the conduct was a substantial factor
37
What is Proximate Causation?
The injury must be foreseeable and directly caused by the defendant
38
What is the Eggshell Plaintiff rule?
A defendant is liable for the full extent of the injury if the type was foreseeable
39
What constitutes Actual Harm in negligence?
The plaintiff must suffer a physical injury or damage to property
40
What is the standard for Negligent Infliction of Emotional Distress?
Recovery for emotional harm is available under specific conditions
41
What is Pure Comparative Negligence?
A plaintiff’s recovery is reduced proportionally based on fault
42
What is Modified Comparative Negligence?
A plaintiff may recover only if they are less than or equal to 50% at fault
43
What is Assumption of the Risk?
A plaintiff cannot recover if they knowingly and voluntarily encountered a risk
44
Are parents vicariously liable for their children's acts?
Parents are not vicariously liable unless the child is acting as an agent
45
Are car owners liable for accidents caused by other drivers?
Car owners are liable for accidents caused by the negligence of other drivers
46
What is Assumption of the Risk?
A plaintiff cannot recover if the plaintiff (1) knowingly and (2) voluntarily encountered a risk.
47
Under what conditions are parents vicariously liable for their children's acts?
Parents are not vicariously liable for children’s acts unless the child is acting as an agent.
48
When are car owners liable for accidents?
Car owners are liable for accidents caused by the negligence of other drivers that the owner permits to drive the owner’s car.
49
What defines an employee in terms of vicarious liability?
An actor is an employee if the employer controls the manner in which the person works.
50
What are the three factors considered to determine the Scope of Employment?
* The employee was hired to do the kind of work she was doing when she committed the tort * The tort occurred during the time and space of employment * The employee’s conduct was motivated by the desire to serve the employer
51
What is a Frolic in the context of vicarious liability?
Employers are not liable for actions during a frolic, which is outside the usual course of employment.
52
What is a Nondelegable Duty?
An employer is liable for the torts of an independent contractor if the work is unusually dangerous, occurs in a public place, or affects the public or a large group of people.
53
What is Apparent Agency?
One who hires an independent contractor is liable for harm caused by the contractor’s negligence if the hirer misrepresents the contractor as an employee.
54
What is Dramshop Liability?
A business licensed to sell alcohol is not ordinarily responsible for injuries patrons cause under the influence unless it provided alcohol to a minor or an adult who was visibly intoxicated.
55
What is Joint-and-Several Liability?
If more than one defendant is liable for a single injury, the plaintiff may recover the full amount of damages from any wrongdoer.
56
What is Strict Liability?
People who engage in unusually dangerous activities are liable even if they act with the utmost care.
57
What is a Manufacturing Defect?
An unintended manner of production renders the product more dangerous than usual.
58
What is the Risk-Benefit Test in design defects?
The design is defective if the benefits of an alternative design clearly outweigh any additional costs associated with implementing them.
59
What is the Consumer-Expectations Test?
The design is defective if it renders the product more dangerous than what an ordinary consumer would expect when using the product in its intended manner.
60
What is a Failure-to-Warn Defect?
Warnings do not sufficiently convey the nature and extent of a foreseeable danger.
61
What is the Read-and-Heed presumption?
Courts presume plaintiffs would read an adequate warning and take appropriate precautions.
62
What is the Learned-Intermediary Rule?
A drug manufacturer will not be liable if it provides an adequate warning to physicians.
63
What is a Private Nuisance?
A substantial and unreasonable interference with the use and enjoyment of land owned by an individual or a small number of individuals.
64
What is Public Nuisance?
An unreasonable interference with a right the general public possesses.
65
What constitutes a Prima Facie Case of Defamation?
* Defamatory Statement * False Statement * Of/Concerning the Plaintiff * Publication * Fault * Damages
66
What is the difference between Slander and Libel?
Slander is spoken words and gestures; libel is written communication or similar broadly disseminated statement.
67
What is Fraudulent Misrepresentation?
An intentional misrepresentation of material fact intended to induce reliance, leading to actual reliance.
68
What is Negligent Misrepresentation?
A negligent statement of materially false information in the course of a business or profession, where the plaintiff reasonably relied on it.
69
What is Intentional Interference with Business Relationships?
Occurs when a valid contract existed between the plaintiff and a third party, and the defendant engaged in wrongful conduct causing a breach.
70
What is Abuse of Process?
Occurs when a party institutes a legal process with a wrongful or ulterior motive.
71
What is Malicious Prosecution?
Occurs when a party institutes a legal proceeding with no reasonable cause, knowing the claim is baseless.
72
What is the consequence of causing a breach of the plaintiff’s contract?
Liability for damages
73
What are the defenses against liability for breach of contract?
No liability if the defendant lawfully disclosed truthful facts or was trying to protect a legal or economic interest in good faith
74
What is Abuse of Process?
Occurs when a party institutes a legal process or proceeding with a wrongful or ulterior motive
75
What are the three elements of Malicious Prosecution?
* Instituting a legal proceeding with no probable or reasonable cause * Knowing the claim is baseless or acting with malice * The proceeding is resolved against the party
76
What must a plaintiff do to bring a lawsuit against the federal government?
Exhaust administrative remedies and bring the suit in federal court
77
Are jury trials permitted in lawsuits against the federal government?
No
78
Can federal employees be sued for actions within their scope of employment?
No, the plaintiff must sue the government
79
When can lawsuits be brought against state and local governments?
If they are acting like private parties, but not if they are acting purely as governments
80
Can children sue parents for intentional torts?
Yes, but parents have the privilege to use reasonable force to discipline their children

July 2025 CBX (3 decks)

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