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Torts MBE Flashcards

(88 cards)

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1
Q

Battery

A

1) Intent 2) Harmful or Offensive Contact

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2
Q

Assault

A

1) Intent 2) Reasonable Apprehension of an imminent battery

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3
Q

Trespass to Chattel

A

1) Intent 2) Interference with use 3) Remedy = Actual Damages

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4
Q

Conversion

A

1) Intent 2) Substantial Interference with use 3) Remedy = Value of property at Conversion

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5
Q

Trespass to Land

A

1) Intent 2) Physical invasion of land

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6
Q

Intentional Infliction of Emotional Distress

A

1) Intent or Recklessness 2) Extreme & Outrageous Conduct 3) Severe Emotional Distress

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7
Q

Bystander Rule IIED

A

1) Close Family Member 2) Defendant had Knowledge 3) Severe Emotional Distress

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8
Q

Non-Family Member Bystanders IIED

A

Bystander must suer PHYSICAL harm

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9
Q

False Imprisonment

A

1) Intent 2) Confined, bounded area 3) Aware of Confinement

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10
Q

Shopkeeper Privilege

A

1) Reasonable Belief 2) Detained in a Reasonable Manner 3) Reasonable period of time

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11
Q

Negligent Trespass to Land

A

1) Negligently enter land of another 2) Liable for damage to land

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12
Q

Negligent Infliction of Emotional Distress

A

1) Negligent Conduct 2) Zone of Danger 3) Severe Emotional Distress & Physical Harm

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13
Q

Bystander Rule NIED

A

1) Close Family Member 2) Emotional Distress

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14
Q

Mishandling of a Corpse

A

1) Negligent handling of a corpse 2) No Physical Harm required

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15
Q

Transferred Intent

A

Defendant intends to commit a tort, but commits 1) A different tort or 2) The same tort against a different person

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16
Q

For transferred intent to apply, both torts must be from the following list

A

Assault • Battery • False Imprisonment • Trespass to Land • Trespass to Chattel

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17
Q

Consent

A

1) Implied or Express 2) Cannot exceed Scope of Consent

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18
Q

Self-Defense

A

1) Reasonable Belief of attack 2) Reasonable Force

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19
Q

Defense of Others

A

Reasonable Belief third party to be attacked

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20
Q

Defense of Property

A

1) Reasonable Force 2) Reasonable Belief to stop invasion of land 3) CANNOT use Deadly Force to defend property

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21
Q

Private Necessity

A

Defense to Trespass • Liable for damages to property

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22
Q

Public Necessity

A

1) Preventing public harm 2) Not liable for damages to property

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23
Q

Negligence Elements

A

1) Duty 2) Breach 3) Causation 4) Damages Duty: • Owed to foreseeable Plaintiffs

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24
Q

Standard of Care

A

Reasonably Prudent Person

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25
Unknown Trespasser
No Duty of Care
26
Known Trespasser
Warn of Known Dangers
27
Licensee
Social Guest • Warn of Known Dangers
28
Invitee
Businesses • Warn, Inspect, & Make
29
Duty of a Parent
Knew/Should have known that child was likely to cause harm
30
No General Duty to Rescue, Unless
1) Assumption of Duty 2) Special Relationship
31
Special Relationship
Common Carrier • Innkeeper/Guest • Teacher/Student • Employer/Employee
32
Duty of a Child
Other children of same Age, Experience, & Maturity
33
Duty of a Professional
Similar professionals with the same Education, Training, & Customs
34
Breach of Duty
Failure to comply with Duty of Care
35
Actual Causation
But for • Almost always met
36
Proximate Causation
Foreseeability
37
Damages
Physical Injury
38
Intervening Cause
Foreseeable Event • Pay all damages
39
Superseding Cause
Unforeseeable Event • Cuts off liability • Act of God, Intentional Tort, Criminal Act
40
NEGLIGENCE PER SE
1) Violation of ordinance/statute 2) Injured party is of protected class 3) Injury is of the type statute was trying to prevent
41
RES IPSA LOQUITUR
Creates an INFERENCE of negligence, if 1) Accident would not normally occur unless negligence 2) Defendant had Exclusive Control
42
Attractive Nuisance
Artificial Condition causing Children to Trespass
43
Elements of Attractive Nuisance
1) Owner knows of Child Trespassers 2) Unreasonable Risk of Harm 3) Children cannot Appreciate the Risk 4) Cost of Remedy is Less than the Danger 5) Owner Fails to Make Safe
44
Pure Comparative Negligence
Plaintiff's damages reduced by % of fault
45
Modified/Modern Comparative Negligence
Plaintiff cannot recover if more than 50% at fault
46
Contributory Negligence
Plaintiff cannot recover if at fault
47
Last Clear Chance Exception
Defendant had last clear chance to avoid accident • Defendant did not do so • Plaintiff can recover
48
Assumption of the Risk
Must have knowledge • Must appreciate the danger
49
Joint & Several Liability
2 or more people cause single accident • All defendants jointly & severally liable for damages
50
Contribution
Co-defendants can sue to recoup money
51
Vicarious Liability
Employer liable for Negligent Employees • Employees acting within Scope of Employment
52
Independent Contractors - Generally NOT Liable, Unless
1) Abnormally Dangerous Activity 2) Non-Delegable Duty
53
Non-Delegable Duty
Duties that involve safety or benefit of the public
54
Indemnification
May seek indemnification from whoever actually caused the damage
55
Strict Liability
1) Possession of Wild Animals 2) Abnormally Dangerous Activities
56
Possession of Wild Animals
Non-domesticated animals • Injury that would normally occur • Domestic animals with dangerous propensities
57
Abnormally Dangerous Activity
Excavation • Dynamite • Toxic Chemicals
58
Assumption of the Risk
Defense to Strict Liability • Knew & Appreciated the risk
59
Product Liability
A product breaks or doesn't work properly
60
Products Liability - Negligence
Negligence in the chain caused the product to break or not work
61
Products Liability - Breach of Warranty
Promise about product performance
62
Merchantability
Product acted as it should
63
Fitness for a Particular Purpose
Product only works for particular purpose
64
Strict Products Liability
1) Defective product 2) Sold by commercial seller 3) Foreseeable user 4) Used in manner it was intended
65
Commercial Seller
In the business of selling the product
66
Inadequate/Failure to Warn
A type of Defective Product under Strict Products Liability
67
Defenses to Strict Products Liability
1) Assumption of the Risk 2) Misuse
68
Private Nuisance
Unreasonable Interference with use/ enjoyment • Objective Standard
69
Public Nuisance
Unreasonable Interference to public • Brought by Government Official • Private plaintiffs must prove SPECIAL damages
70
Defamation
1) False Statement 2) About Plaintiff 3) Hurts Reputation 4) Publication 5) Damages
71
Publication
• HEARD & UNDERSTOOD by third person to be about the plaintiff
72
Libel
Written or Printed • No Special/Pecuniary Damages
73
Slander
Spoken • Must prove Special Damages
74
Slander Per Se
Damages presumed: 1) Profession/Business 2) Chastity of a Woman 3) Crime of Moral Turpitude 4) Loathsome Disease
75
Defamation - Private Individual
Standard of Proof: Negligence
76
Defamation - Public Figure
Standard of Proof: Actual Malice • Knowledge or "Reckless disregard of the truth"
77
Defenses to Defamation
1) TRUTH is an absolute defense to Defamation 2) Privileges
78
Absolute Privilege
Statements made in the course of Official Proceedings are protected
79
Qualified Privilege
Statement appears necessary to protect Defendant/Public's Interest • Honest & Reasonable Belief
80
False Light
Portray someone in false light
81
Appropriation
Unauthorized use of likeness or image for profit
82
Public Disclosure
Public disclosure of a Private Matter • Not "Newsworthy"
83
Intrusion upon Seclusion
Physical invasion of a private space
84
Misrepresentation =
Fraud
85
Intentional Misrepresentation
1) Misrepresentation of Material Fact 2) Scienter 3) Intent to induce reliance 4) Reliance 5) Damages
86
Negligent Misrepresentation
1) Negligence 2) Special Relationship 3) Detrimental Reliance 4) Damages
87
Tortious Interference with Contractual Relationship
1) Contract exists 2) Defendant has knowledge 3) Intentional Interference 4) Damages
88
Malicious Prosecution
1) Criminal Proceeding 2) No Probable Cause 3) Improper Purpose 4) Dismissed in favor of Accused

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