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Flashcards in Torts Deck (28)
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What are the Elements of a Nuisance?

1) defendant created or allowed a condition to exist on her property;

2) that interfered with plaintiff's use or enjoyment of her possessory interest in property;

3) the plaintiff did not consent;

4) a reasonable person would have been harmed or annoyed by the condition; and

5) the seriousness of the harm outweighs the public benefit in allowing the condition to exist.

A public nuisance is one that affects multiple members of the community at the same time, but the private plaintiff bringing the action is subjected to some specialized harm.

1

What Are the Elements of a Trespass to Land

1) Entering the property of another;

2) without consent.

2

What Are the Elements of a Trespass to Chattels?

The 1) taking of the property of another;

2) without their consent; and

3) with the intent to permanently deprive

3

What Are the Elements of an Intentional Infliction of Emotional Distress?

1) Intentional act;

2) that tort feasor knew or should have known would cause victim emotional distress; and

3) act was of an unusually extreme character.

4

What Are the Elements of False Imprisonment?

1) Confinement of another;

2) without lawful justification; and

3) without a means for them to leave.

5

What Are the Elements of a Battery?

1) Physical contact;

2) that is unwanted; and

3) is objectively offensive.

6

What Are the Elements of an Assault

1) The threat or perceived threat;

2) of imminent bodily injury.

7

What Are the Elements of an Invasion of Privacy?

1) A publication;

2) of another person's private information;

3) that is false.

8

What is the Privilege of Arrest?

A citizen may engage in certain torts (battery, assault) to stop a crime in progress.

9

What is the Defense of Necessity?

A person may be excused from tort liability where performance of the tort was necessary to save another from imminent bodily injury.

10

What is a Survival Action?

The surviving heirs of a decedent may sue a tort feasor in the place of an injured decedent.

11

What is a Wrongful Death Action?

The heirs of a decedent may sue a tort feasor for the pre-mature death of the decedent. Damages usually include pro-rated earning capacity.

12

What Are the Elements of a Claim for False Light?

1) A Publication;

2) of information about a victim;

3) that is false.

13

What is the Proximate Cause?

The tort would not have happened "but for" the proximate cause.

Nexus between the act and the damage, requires foreseeability.

14

What is an Assumption of Risk?

A plaintiff assumes the risk of injury where the activity is by it's nature highly dangerous.

15

What Duties Are Implicated By a Claim for Products Liability?

The producer has a duty to supply goods that are safe for consumption.

Duty to warn of known defects.

Defenses: comparative fault, scientifically unknowable risk, unavoidably unsafe product

16

When is Strict Product Liability Applicable?

Reserved for products that

17

What are the Elements of Strict Liability?

1) Activity is inherently dangerous; or

2) principal responsible cannot delegate duty and escape liability.

18

What is Contributory Negligence?

If victim is at fault by more than 50%, he cannot recover from defendant.

19

What is Comparative Negligence?

Victim's recovery will be pro-rated by the percentage of the accident that is attributable to him.

20

What Are the Elements of Negligence?

Duty Breach Causation Damage

21

What Are the Elements of Tortious Interference with Business Relations?

1) Existing contractual relationship between TP and victim;

2) defendant knows of relationship;

3) defendant commits a tort with the intent to destroy victim's contractual relationship.

22

What Are the Elements of an Abuse of Process?

1) Use of court instrumentality



1) with knowledge of frivolity;

3) and intent to cause plaintiff harm.

23

What Are the elements of Malicious Prosecution?

Prosecution of plaintiff based on facts that prosecuting attorney has reason to believe are false and plaintiff is successful in resulting trial.

24

What are the Elements of Defamation?

1) A False statement;

2) that defendant knew or should have known was false;

3) that causes damage to plaintiff.

25

What Are the Elements of Libel?

1) A publication;

2) of a statement regarding another's personal or business affairs;

3) that is false.

26

What is Vicarious Liability

A principal is liable for the torts of its agent if there is an agency relationship and the tort is committed within the scope of employment or agency.

Scope;
Authority;
Control.

27

What Are the Elements of an Inherently Dangerous Activities?

Activity may create strict liability if 1) it is unusual for the community; 2) the activity cannot be made safer by safety measures; 3) the utility of the activity is outweighed by the danger it may cause.