Torts

Question 1

prima Facie Case

Answer 1

Act by defendant
Intent
Causation

Question 2

Battery

Answer 2

Harmful or offensive contact
intent
causation
(no actual damages required

Question 3

Transferred intent

Answer 3

when intend to commit tort against one prson but commits against different person, or commits different tort against intended person, or commits diff tort against diff person

Question 4

Assault

Answer 4

Reasonable apprehension (knowledge) of immediate harmful or offensive conduct
intent
causation
(over act required, not just words. Also no damages required)

Question 5

False Imprisonment

Answer 5

confines or restrains plaintiff to bounded area
intent
causation
(no damages required)

Question 6

Shopkeepers privilege

Answer 6

Reasonable belief as to the fact of theft
Detention conducted in reasonable manner
Detention only reasonable period of time for investigation

Question 7

Intentional Infliction of Emotional Distress

Answer 7

Act amounting to extreme or outrageous conduct
intent to cause severe emotional distress or reckelessness as to effect of conduct
Causation
Damages- severe emotional distress

Question 8

Trespass to Land

Answer 8

Act of Physical invasion
intent
causation
(no requirement of damages)

Question 9

Trespass to chattels

Answer 9

Interferes with plaintiffs right of possession
intent to perform the act
causation
damages

Question 10

Conversion

Answer 10

Defendant interferes with right of possession serious enough to warrant defendant pay full value of chattel
intent
causation

Question 11

Defenses to intentional torts

Answer 11

Consent
Self Defense
Defense of others
Defense of property
Reentry onto land
Recapture of Chattels
Privilege of Arrest
Necessity

Question 12

Self Defense

Answer 12

Reasonable belief
retaliation not allowed
retreat not necesary
not available to aggressor

Question 13

Defamation

Answer 13

Defamatory language
of or concerning the plaintiff
publication
damage to reputation
(for public figure also requires)
Falsity
Fault on part of defendant

Question 14

Libel

Answer 14

Defamatory statement recorded in writing or other permanent form - Damages presumed

Question 15

Slander

Answer 15

Spoken defamation

Question 16

Actual Malice

Answer 16

Required when defaming public officials
Knowledge that the statement is false
or reckless disregard to its truth or falsity

Question 17

Invasion of right to privacy

Answer 17

Appropriation of plaintiff’s pic for commercial advantage
intrusion on plaintiffs affairs or seclusion
False light
public disclosure of private facts

Question 18

Appropriation

Answer 18

Unauthorized use for defendant’s commercial advantage

Question 19

Intrusion on plaintiffs affairs or seclusion

Answer 19

act of prying or intruding
highly offensive to reasonable person
private

Question 20

Publication of Facts placing plaintiff in false light

Answer 20

facts that put plaintiff in false light
highly offensive to reasonable person
actual malice when in the public interest

Question 21

Negligence

Answer 21

duty to conform to a specific standard of conduct
Breach
Actual and proximate cause
damage

Question 22

General Duty of Care

Answer 22

ordinary, prudent, reasonable person

Owed to foreseeable plaintiffs, sometimes unforseeable plaintiffs (zone of danger)

Question 23

Professional conduct

Answer 23

required to possess and exercise the knowledge and skill of a member of the profession in good standing (more than reasonable person standard)

Question 24

Children Standard of CAre

Answer 24

Like age, education, intelligence, and experience- subjective!
No kids under age of 4

Question 25

Duty owed to unknown trespasser

Answer 25

none

Question 26

duty owed to discovered trespassers/anticipated trespassers

Answer 26

warn or to make safe artificial conditions known to involve risk of death or serious bodily harm

Question 27

Attractive Nuisance

Answer 27

exercise ordinary care
dangers condition
owner knows young children frequent location
condition likely to cause injyr
remdying situation is slight compared to risk

Question 28

Licensee

Answer 28

enters land for own purpose- not benefit of landowner

Duty to make safe or warn of known dangers conditions

Question 29

Invitee

Answer 29

Heldo open to public, like a business

same duties as licensee plus duty to make reasaonable inspections