Mneumonic's Flashcards
Intent
DC (Desire to Cause Certain Contact)
(Daniel Cormier)
1. Desire (to cause contact)
2. Certainy (that contact will occur)
Battery
ICC (Intent to Cause Contact)
(International Criminal Court)
1.Intent to Cause Contact
2. Such contact occurs
Assault
IA (Intent and Apprehension)
(Iago Aspas)
1. They act with the required intent with the person or a third person
2. It creates in the mind of the plaintiff a reasonable apprehension of imminent battery.
False Imprisonment
ICCP (Intentional Concious Consent (not) Privileged)
Iker Casillas Carles Puyol
1. Intentional Confinement of an individual
2. Individual (plaintiff) is conscious of confinement
3. The plaintiff did not consent to the confinement
4. The confinement was not otherwise privileged
Trespass to Land
ICUI (Intentional Causes Unprivileged Intrusion)
Ice Cube Usher Iggy
1. An intentional act
2. That causes
3. The physical unprivileged
4. Intrusion of the property
Trespass to Chattel
CTH (Condition Time Harm)
Champions Train Hard
1. Chattel condition, quality or value is impaired; or
2. Possessor of chattel is deprived of usage for substantial length of time; or
3. Bodily harm caused to possessor or to some person or thing possessor has legally protected interest in
Conversion
FV (Full Value)
Fred Vanvleet
Intentional exercise of dominion or control over a chattel which so seriously interferes with the right of another to control it that actor maybe be required to pay the owner full value of the chattel.
Excuses for Negligence Per Se
IKUEG (Incapicity Knowledge Unable Emergency Greater-risk)
Inventors Keep Unveiling Extraordinary Gadgets
- The violation is reasonable because of the actor’s incapacity
- He neither knows nor should know of the occasion for compliance
- The person is unable after reasonable diligence or care to comply
- He is confronted by an emergency not due to his own misconduct
- Compliance would involve a greater risk of harm to the actor or to others.
Concurrent Causes
M A (Multiple Alone)
Muhammad Ali
- Multiple acts or forces combined to cause an injury, AND
- None of the forces, standing alone, would have been sufficient to cause the injury
Abnormally Dangerous Activies Test
HLIEAR
(Hugo Lloris Inspires Everyone, Acheiving Results)
Harm
Likelihood
Inability to eliminate
Extent of common usage
Activity appropriateness:
Risky
- Existence of a high degree of risk of some harm to the person, land, or chattels of another
- Likelihood that the harm results from it will be great
- Inability to eliminate the risk by the exercise of reasonable care
- Extent to which the activity is not a matter of common usage
- Inappropriateness of the activity to the place where it is carried on
- Extent to which its value to the community outweighs dangerous attributes
Risk Utility Test
USSR CAL
(Soviet Union CAL)
Utility
Safety
Substitute safer product
Reasonable Alternative design
Care (users ability to eliminate risk with use of care)
Anticipated awareness of user of the dangers inherent by knowledge or warning
Loss (ability to spread loss)
- the usefulness and desirability of the product
- the safety aspects of the product (likelihood and seriousness of injury)
- the availability of a substitute product that is safer
- the manufacturers ability to design safer without impairing usefulness or making it too expensive (RAD).
- Users ability to avoid danger by exercise of care
- user’s anticipated awareness of dangers inherent in product based on general knowledge or warnings
- feasibility of the manufacturer spreading loss.
Intentional Infliction of Emotional Distress
I(E-O)CS
(Intentional, Extreme and Outrageous, Connection, Severe)
“Innovative Engineers Optimize Creative Solutions”
- Conduct is intentional
- The conduct is extreme and outrageous
- A causal connection exists between the conduct and the emotional distress
- The emotional distress is severe
Res Ipsa Loquitor Elements
Normal, Control, Scope
NCS
National Championship Series
(1) that the event is the kind of which does not normally occur in the absence of negligence.
(2) The thing or instrumentality which caused the accident was at the time of the accident and prior thereto under exclusive control and management of the defendant.
(3) The indicated negligence is within the scope of the defendant’s duty to the plaintiff.
Negligence Per Se Elements
Person, Harm (Meant to Prevent) Appropriateness
PHA
or
MP- (PH) A
1. The injury was done to a person or class of people the statute was meant to protect.
2. The harm is the kind of which the statute or regulation which the statute was inacted to prevent.
3. Whether it is appropriate to enact tort liability for the violation.
Manufacturing Defect Elements for Strict Products Liability
Time Change Proximate
TCP
- Defendant manufactured and sold a product which at the time defendant sold it was in a defective condition unreasonably dangerous to consumer
- The product was expected to, and did reach the ultimate consumer without substantial change in the condition it was in at the time it was sold
- The defective condition in the product proximately caused injury to the plaintiff
