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Bar > Torts > Flashcards

Torts Flashcards

1
Q

Elements of battery

A
  1. Intent
  2. D must commit a harmful or offensive contact
  3. Contact must be with P’s person (holding, touching, or connected to)
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2
Q

Elements of assault

A
  1. Intent
  2. D must place P in reasonable apprehension
  3. Apprehension must be of an immediate battery
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3
Q

Elements of false imprisonment

A
  1. Intent
  2. D must commit an act of restraint
  3. P must be confined in a bounded area
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4
Q

Elements of intentional infliction of emotional distress

A
  1. Intent
  2. D must engage in outrageous conduct
  3. P must suffer emotional distress
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5
Q

Elements of trespass to land

A
  1. Intent
  2. D must commit an act of physical invasion
  3. Act must interfere with P’s exclusive possession of land
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6
Q

Elements of trespass to chattels

A

Intentional interference with item of personal property (smaller harm)

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7
Q

Elements of conversion

A

Intentional interference with item of personal property (larger harm)

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8
Q

Tort affirmative defenses (4 types)

A
  1. Consent
  2. Protective privileges (self-defense, defense of others, defense of property)
  3. Force
  4. Necessity
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9
Q

Elements of defamation

A
  1. Intent
  2. D must make a defamatory statement that specifically identifies the P
  3. Must be publication of that statement
  4. Must be damages
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10
Q

Types of slander per se (4 types)

A
  1. Statement related to P’s profession or business
  2. Statement that P committed a crime of moral turpitude
  3. Statement imputing unchastity to a woman – note chastity means “virginity”
  4. Statement that P suffers from a loathsome disease (leprosy or STD)
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11
Q

Types of slander defense

A
  1. Consent
  2. Truth
  3. Absolute privileges (flowing from whom D is - spouse, gov’t)
  4. Qualified defense (creditor, police, etc.)
  5. Special case (matter of public concern)*

*Note: P has to prove that statement is false and that statement was made with fault/culpability - if public figure, must be intent or recklessness; if private figure, negligence is sufficient

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12
Q

Are damages presumed in negligence cases

A

No. Must be damages to establish prima facia case for negligence

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13
Q

Elements of liens

A

i. Person who has obtained personal property legitimately can hold onto it until debt is paid
ii. Elements:
1. Debt associated with services
2. Debtor has formal title but creditor has lawful possession

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14
Q

What makes inter vivos gift unrevocable?

A
  1. Must be donative intent (intent to pass title)
  2. Must be acceptance by donee
  3. Must be valid delivery
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15
Q

Special case levels of culpability that must be proven

A

For public figure - intent, recklessness

For private figure - negligence

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16
Q

Elements of appropriation and affirmative defense

A

Recognized in NY
D uses P’s name or image for commercial advantage
- Exception for newsworthiness

Affirmative defense - consent

17
Q

Elements of intrusion and affirmative defense

A

Not recognized in NY

Invasion of P’s seclusion in a way that would be highly offensive to average person (must be in an area with reasonable expectation of privacy)
Affirmative defense - consent

18
Q

Elements of false light and affirmative defense

A

Not recognized in NY
Widespread dissemination of major falsehood about P that would be highly offensive to average person
Affirmative defense – consent, defamation privileges

19
Q

Elements of disclosure and affirmative defense

A

Not recognized in NY

Widespread dissemination of confi info about P

  1. Exception for newsworthiness
  2. “Spheres of life” exception

Affirmative defense – consent, defamation privileges

20
Q

Inducing breach of contract

A

Elements

  1. Existence of valid k between P and 3rd Party
  2. Knowledge of contract by D
  3. Persuasion of 3rd Party to abandon deal
    ii. Can’t sue for intention
    iii. Key issue is whether D has privilege (like advisory relationship)
21
Q

Malicious prosecution

A

Elements:

  1. D institutes criminal or civil proceeding against P without probable cause
  2. Case is terminated favorably to P
  3. It was brought for an improper purpose
22
Q

Fraud

A

Elements:

  1. Misrepresentation of fact by D (D must make affirmative misrepresentation of fact)
  2. D must have made false statement recklessly or intentionally
  3. D must intend to induce reliance
  4. There must be reliance
  5. Damages
23
Q

When is P liable in negligence to anticipated trespasser?

A

Only protected from condition that is artificial and meets the below test:

i. Highly dangerous (kill/badly hurt)
ii. Hidden or concealed (T incapable of discovering it himself)
iii. P knows about danger in advance
iv. Duty is only re: known, man-made death traps

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