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Torts (Elements) > Torts (Elements) > Flashcards

Torts (Elements) Flashcards

1
Q

Assault

A
  1. Act that causes Reasonable Apprehension
  2. Of imminent harmful/offensive contact
  3. Intent
  4. Causation
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2
Q

Battery

A
  1. Harmful/offensive contact
  2. To Plaintiff’s person
  3. Intent
  4. Causation
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3
Q

False Imprisonment

A
  1. Act or omission that Confines or Restrains Plaintiff
  2. To a Bounded area
  3. Intent
  4. Causation
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4
Q

Shopkeeper Privilege

A

Reasonable

  1. Grounds
  2. Time
  3. Force
  4. Investigation
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5
Q

Intentional Infliction of Emotional Distress

A
  1. Act amounting to Extreme and Outrageous Conduct
  2. Intent or Reckless (acting with disregard for high probability of emotional distress)
  3. Causation
  4. DAMAGES (severe emotional distress)
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6
Q

IIED: Lower Standard Than Outrageous

A
  1. P’s with known sensitivities OR fragile class
  2. Special relationship with Public
  3. Common Carriers
  4. Repetitive Conduct
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7
Q

IIED: Bystander

A
  1. Present
  2. Closely related to injured person
  3. Defendant knew of 1 and 2
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8
Q

Trespass to Land

A
  1. Physical Invasion of P’s Real Property
  2. Intent
  3. Causation
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9
Q

Entry to Abate a Nuisance

A
  1. Person claiming nuisance is Owner/Possessor of affected land
  2. Person who trespasses must first make a Demand
  3. Entry reasonable
  4. Force reasonable
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10
Q

Trespass to Chattel

A
  1. Act that Interferes with P’s Right of Possession in a chattel
  2. Intent
  3. Causation
  4. DAMAGES
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11
Q

Conversion

A
  1. Intentional exercise
  2. Of Wrongful Dominion or Control over P’s chattel
  3. Causation
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12
Q

Defense: Consent

A
  1. Actual (consent by words)
  2. Apparent (based on reasonable interpretation of P’s conduct)
  3. Implied (by custom, surrounding circumstances)
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13
Q

Defense: Defense of…

A
  1. Self
  2. Others (stand in their shoes at your peril)
  3. Property (non deadly)
  • Must be in progress/imminent
  • Use only proportionate force
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14
Q

Defamation

A
  1. Defamatory Statement
  2. Of or Concerning the Plaintiff
  3. Publication
  4. Damages

IF matter of public concern:

  1. Falsity
  2. Fault
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15
Q

Malice

A
  1. Knowledge; or

2. Reckless disregard

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16
Q

Defamation: Types of Plaintiff

A
  1. Public official/figure: Actual Malice
  2. Private Person/Public Concern: At least Negligence
  3. Private Person/Private Concern: No fault need be proved
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17
Q

Privilege (Defamation)

A
  1. Absolute
    - legislature, judicial, executive
    - equal-time broadcasts
    - martial communication
  2. Qualified
    - socially useful
    - relevant
    - good faith
  3. Press
    - accurately describes
    - statements
    - in public proceedings
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18
Q

Appropriation of Name/Likeness

A
  1. Unauthorized use of P’s identity/likeness

2. For commercial advantage

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19
Q

Intrusion Upon Seclusion

A
  1. Offensive Intrusion
  2. Into Private Life
  • Publication not necessary
  • Truth is NO defense
20
Q

Public Disclosure of Private Facts

A
  1. Highly offensive
  2. Private (NOT public record)
  3. Publicity (widespread)

*Truth is NO defense

21
Q

Portrayal in a False Light

A
  1. Highly Offensive
  2. Publicity (widespread)
  3. Attribute False views to P
  • Truth IS a defense
  • Need Malice for public figure
22
Q

Privacy Defenses

A
  1. Consent (to all four)
  2. Truth (for False Light)
  3. All defamation privileges
  4. Newsworthiness (for Appropriation & Public Disclosure)
23
Q

Negligence: Special Duty Rules

A
  1. Statute
  2. Omission
  3. Landowner
  4. Lessor
  5. NIED
24
Q

Special Duty: Omission

A
  1. special relationship
  2. instrumentality under D’s control
  3. statutory
  4. creation of peril
  5. voluntary undertaking
25
Q

Attractive Nuisance Doctrine

A
  1. Artificial Condition
  2. Know about trespassers
  3. Unreasonable risk
  4. Child cannot appreciate risk
  5. Utility vs. Risk

*No injury required, can get injunction

26
Q

NIED: Bystander

A
  1. close relationship
  2. bystander present at scene
  3. P observed or perceived the injury
27
Q

Breach

A
  1. Direct
  2. Circumstantial
  3. Violation of a Statute
  4. Res Ipsa Loquitur
28
Q

Res Ipsa Loquitur

A
  1. Accident does not normally occur absent negligence
  2. More likely than not that D was responsible (D in control)
  3. P did not contribute to his injury
29
Q

Actual Cause

A
  1. But for
    - concurrent liability (separate negligence)
    - joint tortfeasors (several Ds, agents)
    - successive tortfeasors (act independently, cause single indivisible injury)
  2. Substantial Factor
    - several causes
    - any one alone sufficient
  3. Alternate Causes
    - two acts but only one caused
    - unknown who caused; burden shifts
30
Q

Negligence Damages: Issues

A
  1. Joint and several liability
  2. Contribution
  3. Indemnity
  4. Satisfaction
  5. Release
31
Q

Negligence Defenses

A
  1. Comparative
    - pure
    - partial
  2. Contributory
    * last clear chance
  3. Assumption of the Risk
    - knowledge
    - voluntary
32
Q

Strict Liability: Ultrahazardous

A
  1. Activity involves risk of Serious Harm
  2. D unable to eliminate risk even with reasonable care
  3. Activity Uncommon in area where carried out

THEN ultrahazardous, then liability if:

  1. Balance
    - danger vs. value to community
  2. Causation
  3. Damages
33
Q

Vicarious Liability

A
  1. Respondeat Superior
  2. Independent Contractor
  3. Joint Activity
  4. Auto
  5. Parent-Child
34
Q

Strict Liability in Tort (Products Liability)

A
  1. Foreseeable Use/Foreseeable Plaintiff
  2. Breach/Defect
    - manufacture
    - design (reasonable alternative design)
    - warning
  3. Causation
  4. Damages
35
Q

Products Liability: Types

A
  1. Strict Liability in Tort
  2. Negligence
  3. Implied Warranties
  4. Express Warranty
  5. Misrepresentation
  6. Intent (Battery) Theory
36
Q

Nuisance

A
  1. Substantial
  2. Unreasonable (balance utility/harm)
  3. Interference
  4. With another’s Use and Enjoyment of Property
37
Q

Nuisance: Public

A
  1. Unreasonably interferes
  2. With Health, Safety, Property
  3. Of Community

*Standing: Unique injury

38
Q

Intentional Misrepresentation (Fraud)

A
  1. Misrepresentation of Material Fact
  2. Scienter (D knew statement false)
  3. Intent (to induce reliance)
  4. Justifiable Reliance (not on opinion)
  5. Damages
39
Q

Negligent Misrepresentation

A
  1. Misrepresentation (in commercial setting)
  2. Breach of Duty (to PARTICULAR plaintiff)
  3. Causation
  4. Justifiable Reliance
  5. Damages (out-of-pocket)
40
Q

Business Torts (Interference with Contract/Prospective Advantage)

A
  1. Valid Relationship or Business Expectation
  2. D has knowledge of relationship or expectation
  3. Intentional interference by D Inducing breach or termination of expectancy
  4. Damages
41
Q

Malicious Prosecution/Wrongful Civil Proceedings

A
  1. Initiation of criminal (or civil) proceedings against P
  2. Termination in P’s favor
  3. Absence of Probable Cause
  4. Improper Purpose
  5. Damages
42
Q

Abuse of Process

A
  1. Wrongful use of process
  2. For an Ulterior Motive
  3. Definite Acts or Threats against P to accomplish ulterior purpose
  4. Damages
43
Q

Legal Damages (General)

A
  1. Causal
  2. Foreseeable
  3. Certain
  4. Unavoidable
44
Q

Injunction

A
  1. Inadequacy of Legal Remedy
  2. Property or Personal right
  3. Feasibility
  4. Balance
45
Q

Injunction Defenses

A
  1. Laches (unreasonable delay that results in prejudice)
  2. Unclean Hands
  3. Freedom of Speech (prior restraint)
  4. Criminal Act

Torts (Elements) (1 decks)

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