PP 2 Flashcards

1
Q

intent require,emt of intended tort transfers

A

to complete elements of completed tort

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2
Q

types of consent

A
consent in fact
implied in fact
implied in law consent
informed consent
emergency privilege
avoidance of greater harm
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3
Q

consent is invalidated by

A

fraud, duress, or incapacity

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4
Q

ways of non deadly self defense

A

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

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5
Q

self defense with deadly force

A

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

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6
Q

stand your ground laws and castle doctrine

A

actor reasonably believes that the peril can only be safely avoided by use of deadly force

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7
Q

actor making this claim may invoke any defense available to the victim or that he reasonably believes would be available to the vitctim

A

defense of others

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8
Q

what causes defense of property

A

must be invoked in hot pursuit
deadly force may NEVER be used
court will determine reasonable force

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9
Q

When a tort must be committed to avoid greater harm to the public. (House fires, police privilege.)

A

public necessity

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10
Q

when a tort must be committed in order to avoid a greater harm to the actor or other private entities

A

private necessity

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11
Q

the are no defenses to

A

strict liability torts

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12
Q

products liability comes into play when

A

product is defective because of a defect manufacture or design, or a failure to adequately warn the consumer of a hazard involved

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13
Q

is products liability in effect when you misuse the product?

A

no

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14
Q

what must the plaintiff prove in manufacture/defect in manufacture case

A

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

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15
Q

when is a seller/manufacturer exempt from strict products liability claims

A
  1. product is inherently unsafe and product is known to be unsafe by consumer
  2. product is common consumer product intended for personal consumption
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16
Q

failure to warn

A

basically you need a warning sticker

17
Q

damages that can be reduced or nullified by invoking comparative fault on the part of the plaintiff

A

comparative fault

18
Q

comparative fault bars recovery for

A

more than 50% at fault for the occurence

19
Q

pure comparative fault awards damage

A

to the percentage of fault, regardless of the ratio

20
Q

when is an activity ultra hazardous

A

necessarily involves risk of serious harm to the person, land, or CHATTELS of others which cant be eliminated by exercise OR not matter of common usage

21
Q

activity is a matter of common usage if it is

A

customarily carried on by the great mass of mankind or by many people in the community

22
Q

ultra-hazardous activity

A

existence of high degree of risk of some harm to the person, land, or chattels or others, inability to eliminate risk, etc.

23
Q

examples of ultra-hazardous activity

A

extreme sports
keeping wild animals as pets
keeping domestic animals whose tendency to bite is known
reckless or criminal behavior