Torts Flashcards
(23 cards)
Intrusion on Plaintiff’s affairs or seclusion
Invasion of plaintiff’s seclusion in a way that would be highly offensive to reasonable person
Publication of facts placing plaintiff in false light
Dissemination of material falsehood about plaintiff that would be highly offensive to reasonable person
Public disclosure of private facts about plaintiff
widespread dissemination of confidential info about plaintiff not legitimate concern to public and highly offensive to reasonable person
Appropriation of plaintiffs picture or name
Defendant uses name/image without permission for commercial purpose
Duty with unknown tresspassers
No duty to undiscovered tresspassers
Duty to known trespassers
For discovered or anticipated trespasser land possessor must warn of or make safe any condition that are artificial, highly dangerous, concealed, and known the the land possessor in advance
Duty to Licensees
Licensee = one who enters land with possessors permission for their own purpose or business
Duty to warn or make safe hazardous conditions that are concealed and known to land possessors in advance
Duty to invitee
invitee = enters land with permission for financial benefit or possessor duty regarding hazardous condition concealed is known to land possessor in advance or could have been discovered by reasonable inspection
Products liability strict liability elements
Defendant is a merchant
Product is defective (manufacturing, design, information)
Product was not substantially altered since leaving the Defendant’s control
Plaintiff was making a foreseeable use of product at time of injury
Defamation
defamatory statement that specifically identifies plaintiff, is published to a third party, falsity of defamatory language, the fault is on part of the defendant and damages to plaintiffs reputation
Invasion of right to privacy
appropriation of plaintiffs picture or name
Intrusion on plaintiffs affairs or seclusion
Publication of facts placing plaintiff is false light
Public disclosure of private facts about the plaintiff
Battery
Harmful or offensive contact with the plaintiff’s person
Assault
Act by defendant creating reasonable apprehension in plaintiff of an immediate battery
False Imprisonment
act or omission or part of defendant that confines plaintiff to a bounded area
intentional infliction of emotional distress
act by defendant to extreme and outrageous conduct and plaintiff suffers severe emotional distress
Trespass to land
physical invasion of plaintiffs real property
Trespass to chattels
Act by defendant that interferes with plaintiffs right to possession in a chattel (personal property)
Conversion
Act by defendant that interferes with plaintiffs right of plaintiffs right of possession in chattel
Interference is serious enough in nature or consequences to warrant that the defendant pay chattels full value
unascertainable causes test
2 acts, but only one causes injury but you do not know which one
Burden shifts to defendants and each must show negligence
Substantial factor test
2 defendants acting independently each commit a breach combining into a single indivisible harm
Private nuisance
substantial unreasonable interference with another private individuals use or enjoyment of property they possess
public nuisance
unreasonably interferes with health safety or property rights of the community
Transferred intent may occur when
tort intended and tort that results are one of following:
Assault
Battery
False imprisonment
Trespass to land
Trespass to Chattels
