Torts Flashcards Preview

Bar Exam Study > Torts > Flashcards

Flashcards in Torts Deck (18):
1

what are the elements of battery?

1. harmful or offensive contact
2. with the plaintiff's person
3. causation

2

what are the elements of assault?

1. apprehension
2. of an immediate contact
3. causation

3

what are the elements of false imprisonment?

1. sufficient act of restraint
2. intent on the part of D to confine or restrain the P to a bounded area and
3. causation

4

what are the 3 ways intent can be proven in an IIED action?

1. actual intent
2. substantial certainty the act will cause emotional distress or
3. recklessness (high probability D's conduct would cause emotional distress)

5

can intent be transferred in an IIED action?

no (b/c if transferred, it turns into substantial certainty)

6

what are the elements of trespass to land?

1. act of physical invasion
2. intent on D's part to bring about a physical invasion of P's real property (land) and
3. causation

7

what are the elements of trespass to chattels and conversion?

1. active invasion
2. to personal property

8

what are the elements of IIED?

1. extreme and outrageous conduct
2. intent to cause P to suffer severe emotional distress or recklessness
3. causation
4. damages

9

what are the elements of defamation?

1. defamatory language on the part of the D (turns out to be false)
2. of or concerning the P
3. defamatory statement is published to 3P (publication)
4. damage to the reputation of the P

10

what elements get added to the prima facie case of defamation when the defamatory statement is a matter of public concern?

1. P must prove the statement was false
2. P must prove fault

So complete list reads:
1. defamatory language on the part of the D (turns out to be false)
2. of or concerning the P
3. defamatory statement is published to 3P (publication)
4. damage to the reputation of the P
5. the statement was false
6. P had some level of fault

11

what is appropriation?

use of P's name, picture, or likeness for commercial advantage w/o permission

12

what is intrusion?

interference w/ a P's seclusion in a way that would be highly offensive to a reasonable person

13

what is false light?

the widespread dissemination of information that is in some way inaccurate and that would be highly offensive to a reasonable person

14

what is public disclosure of private facts?

the widespread dissemination of factually accurate information that would normally be confidential, and the disclosure of which would be highly offensive to a reasonable person

15

what are the elements of fraud?

1. misrepresentation made by D
2. scienter
3. an intent to induce P’s reliance on the misrepresentation
4. causation (i.e. actual reliance on the misrepresentation)
5. justifiable reliance by P on the misrepresentation
AND
6. damages

16

for defamation, when is the publication prong be satisfied?

when there is a negligently or intentionally made communication to a 3P who understands it

17

when is a bailee liable to the owner for conversion?

when the bailee uses the chattel in such a manner as to constitute a material breach of the bailment agreement

18

what is the attractive nuisance doctrine elements?

1. there is a dangerous condition on the land of which the owner is or should be aware
2. the owner knows or should know that children frequent the vicinity of this dangerous conditions
3. the condition is dangerous b/c the child is unable to appreciate the risk AND
4. the expense of remedying the situation is slight compared to the magnitude of the risk

*note: most states do not require a child to be lured on to the property by the dangerous condition