Final Flashcards
Public
This type of nuisance interferes with public’s enjoyment of legal rights common to the public
Charitable immunity
This immunity is given to organizations who operate for charitable purposes
faulty design; error in manufacture/assembly; improper maintenance; failure to warn
The 4 types of defects that might make a product unreasonably dangerous
Reasonable person standard
The standard we use to determine if land use is too offensive
Strict liability, negligence, warranty
The 3 possible causes of action when a plaintiff is harmed by product
Misuse of product; assumption of the risk
The 2 defenses for strict liability
Dominion and control
You own a wild animal if you exercise this over it
Governmental; proprietary
The 2 categories of activities when deciding whether there is sovereign immunity
Consumer contemplation test
This test of faulty design asks if a reasonable person should have anticipated the danger
“Coming to the nuisance” (not for public)
The defense that says the plaintiff knew about the nuisance ahead of time
Wrongful birth
In this type of suit, parents seek reimbursement for expense of raising a disabled child
Legislators and judges
These 2 categories of public officers have immunity for torts committed in their official capacities
Federal Torts Claims Act of 1946
The federal law that lets people sue the government for torts
Narrative
With this type of question, the interviewer lets the witness talk freely
Class action
The type of lawsuit that is brought on behalf of similarly situated plaintiffs
7 (Compare negligence)
Children under this age are incapable of certain torts because they cannot have intent
Wrongful life
This suit is filed on behalf of an impaired child born into a life of pain and suffering
Vicious propensities
Owners are liable for injury from domestic animals who show this
Injunction
This nuisance remedy is when the court orders someone to cease and desist doing something
Abnormally dangerous activities (animals/ultrahazardous); Product liability
The 2 main subcategories of strict liability
Express warranty; implied warranty of merchantability; implied warranty of fitness for a particular purpose
The 3 types of warranty breaches involving products liability
Wrongful death
These statutes give the family member their own cause of action for the death of a family member
Nuisance
An unreasonable or unlawful use of real property that injures or interferes with use of another’s property
Common usage principal
The idea that activities not commonly done/used in everyday life cannot be ultrahazardous
Workers compensation
Workers injured or killed on the job are covered by this type of statute
