Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

Torts (Elements) > Torts (Elements) > Flashcards

Torts (Elements) Flashcards

(45 cards)

Start Studying
1
Q

Assault

A
  1. Act that causes Reasonable Apprehension
  2. Of imminent harmful/offensive contact
  3. Intent
  4. Causation
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Battery

A
  1. Harmful/offensive contact
  2. To Plaintiff’s person
  3. Intent
  4. Causation
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

False Imprisonment

A
  1. Act or omission that Confines or Restrains Plaintiff
  2. To a Bounded area
  3. Intent
  4. Causation
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Shopkeeper Privilege

A

Reasonable

  1. Grounds
  2. Time
  3. Force
  4. Investigation
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

IIED: Bystander

A
  1. Present
  2. Closely related to injured person
  3. Defendant knew of 1 and 2
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Trespass to Land

A
  1. Physical Invasion of P’s Real Property
  2. Intent
  3. Causation
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Conversion

A
  1. Intentional exercise
  2. Of Wrongful Dominion or Control over P’s chattel
  3. Causation
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Malice

A
  1. Knowledge; or

2. Reckless disregard

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Appropriation of Name/Likeness

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

2. For commercial advantage

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Intrusion Upon Seclusion

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

Public Disclosure of Private Facts

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

*Truth is NO defense

21
Q

Portrayal in a False Light

Study These Flashcards
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

Study These Flashcards
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

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

Special Duty: Omission

Study These Flashcards
A
  1. special relationship
  2. instrumentality under D’s control
  3. statutory
  4. creation of peril
  5. voluntary undertaking
25
Attractive Nuisance Doctrine
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
NIED: Bystander
1. close relationship 2. bystander present at scene 3. P observed or perceived the injury
27
Breach
1. Direct 2. Circumstantial 3. Violation of a Statute 4. Res Ipsa Loquitur
28
Res Ipsa Loquitur
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
Actual Cause
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
Negligence Damages: Issues
1. Joint and several liability 2. Contribution 3. Indemnity 4. Satisfaction 5. Release
31
Negligence Defenses
1. Comparative - pure - partial 2. Contributory * last clear chance 3. Assumption of the Risk - knowledge - voluntary
32
Strict Liability: Ultrahazardous
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: 4. Balance - danger vs. value to community 5. Causation 6. Damages
33
Vicarious Liability
1. Respondeat Superior 2. Independent Contractor 3. Joint Activity 4. Auto 5. Parent-Child
34
Strict Liability in Tort (Products Liability)
1. Foreseeable Use/Foreseeable Plaintiff 2. Breach/Defect - manufacture - design (reasonable alternative design) - warning 3. Causation 4. Damages
35
Products Liability: Types
1. Strict Liability in Tort 2. Negligence 3. Implied Warranties 4. Express Warranty 5. Misrepresentation 6. Intent (Battery) Theory
36
Nuisance
1. Substantial 2. Unreasonable (balance utility/harm) 3. Interference 4. With another's Use and Enjoyment of Property
37
Nuisance: Public
1. Unreasonably interferes 2. With Health, Safety, Property 3. Of Community *Standing: Unique injury
38
Intentional Misrepresentation (Fraud)
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
Negligent Misrepresentation
1. Misrepresentation (in commercial setting) 2. Breach of Duty (to PARTICULAR plaintiff) 3. Causation 4. Justifiable Reliance 5. Damages (out-of-pocket)
40
Business Torts (Interference with Contract/Prospective Advantage)
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
Malicious Prosecution/Wrongful Civil Proceedings
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
Abuse of Process
1. Wrongful use of process 2. For an Ulterior Motive 3. Definite Acts or Threats against P to accomplish ulterior purpose 4. Damages
43
Legal Damages (General)
1. Causal 2. Foreseeable 3. Certain 4. Unavoidable
44
Injunction
1. Inadequacy of Legal Remedy 2. Property or Personal right 3. Feasibility 4. Balance
45
Injunction Defenses
1. Laches (unreasonable delay that results in prejudice) 2. Unclean Hands 3. Freedom of Speech (prior restraint) 4. Criminal Act

Torts (Elements) (1 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions