compartmentalize Flashcards

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1
Q

ares teseted and sub issues

A

1) intentional torts
(a) battery
(b) assault
(c) IIED
(d) false imprisonment
(e) trespass land/ chattels
(f) conversion

2) Negligence
(a) duty: std of care
(b) breach
(c) causation (actual/proximate)
(d) damages
- always look to first element which would prevent P from recovering

(2. 1) land owner duty of care (trespass, licensee, invitee)
2. 2: attractive nuisance
2. 3: Res Ipsa Loquitor
2. 4: vicarious liability
2. 5: contributory negligence
- Pure (joint and severally liable), modified)

  1. Strict liability (3 types)
    (a) abnormally dangerous activity
    (b) wild animals
    (c) strict products liability
    - if establish strict liability, most likely best answer over negligence, intentional torts

4) defamation/ invasion of privacy (essay talk both)
- libel, slander, slander per se
- actual malice: public figure or public concern

Invasion of privacy (4 causes of action)

(a) commercial approration
(b) false light
(c) intrusion of solitude
(d) public disclosure of private facts

5) nuisance

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2
Q

what to do for every case for essay with a torts issue

A

law out the prima facie case of claim.

- To establish a prima facie case of … P must show…

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