Flashcards in Torts Deck (17):
When can a plaintiff get punitive damages for assault?
D commits malicious acts
Is there a physical injury req't for IIED?
No - severe emotional distress is sufficient
Intentional Torts: Defense of Others
"Step into the Shoes" - person may defend another person w/ force ONLY when the other person could have used force in self-defense
Defamation: Libel per se
Statement is libelous on its face
• don't need not prove special damages
Defamation: Libel per quod
Statement not libelous on its face
• must prove special damages
Privacy (Appropriation): Elements of COA
1. D uses P's name or image
2. For commercial gain
Negligence: Duty of Care: Kids
Below 7 --> no duty (NL)
7-14 --> rebuttable presumption no duty (NL)
15 --> duty (L)
Negligence: Attractive Nuisance Doctrine?
No - BUT when kids are involved, the person must exercise a greater duty of care than that expected when only adults are involved
Negligent Infliction of Emotional Distress
P must prove by clear and convincing evidence that the distress caused symptoms or manifestations of physical injury
Not w/in zone of danger --> no recovery
Contributory Negligence (completely bars P's recovery)
Products Liability: Lack of Privity Defense?
Not for negligence or breach of warranty (express or implied) claims against a mfr or seller of goods
Vicarious Liability: Family Car Doctrine?
No - automobile's owner NL for immediate family or household member's tort while driving that automobile w/ owner's permission
Vicarious Liability: Parent-Child
Parents is LIABLE for child's willful or malicious damage to public or private property (up to $2.5K)
Tort Immunity: Charities
Charitable institutions are immune from liability for negligence arising from their servants or agents IF due care exercised when they selected or retained those ppl
Which torts has VA abolished (5)?
1. Alienation of Affection
2. Criminal Conversion
3. Breach of Promise
4. Seduction Under Breach of Promise
5. Civil Seduction