PP 2 Flashcards
intent require,emt of intended tort transfers
to complete elements of completed tort
types of consent
consent in fact implied in fact implied in law consent informed consent emergency privilege avoidance of greater harm
consent is invalidated by
fraud, duress, or incapacity
ways of non deadly self defense
actor believe in danger of imminent or offensive body contact
force used by the actor is reasonable under the circumstance
escalation of force shifts the privilage
self defense with deadly force
actor believes he is in imminent danger of harmful or offensive bodily contact
actor reasonably believes in danger of death/grievous harm
actor reasonably believes that the peril can only be safely be avoided by use of deadly force
stand your ground laws and castle doctrine
actor reasonably believes that the peril can only be safely avoided by use of deadly force
actor making this claim may invoke any defense available to the victim or that he reasonably believes would be available to the vitctim
defense of others
what causes defense of property
must be invoked in hot pursuit
deadly force may NEVER be used
court will determine reasonable force
When a tort must be committed to avoid greater harm to the public. (House fires, police privilege.)
public necessity
when a tort must be committed in order to avoid a greater harm to the actor or other private entities
private necessity
the are no defenses to
strict liability torts
products liability comes into play when
product is defective because of a defect manufacture or design, or a failure to adequately warn the consumer of a hazard involved
is products liability in effect when you misuse the product?
no
what must the plaintiff prove in manufacture/defect in manufacture case
defendant is manufacturer/supplier of product
produce possessed defect in manufacturing
defect existed when left shop
defect manufacture caused injury
injury resulted form forseeable use
when is a seller/manufacturer exempt from strict products liability claims
- product is inherently unsafe and product is known to be unsafe by consumer
- product is common consumer product intended for personal consumption