Quick Torts Flashcards
What are the Battery Elements?
Any 1) intentional Harmful or Offensive touching (ANYTHING unconsented) and causation - NO DAMAGES required
What are the elements of Intentional Infliction of Emotional Distress?
Any 1)extreme and outrageous conduct 2)intentional (or reckless)
3) that causes severe emotional distress….NO PHYSICAL HARM required
What are the elements of Conversion?
Any 1) intentional act that causes
2) serious interference w/ P’s chattel (does not have to be complete depravation).
Intent element is not intent to commit coversion, only intent to commit the act that resulted in a conversion.
What is the Attractive Nuissance Doctrine?
Land owner is liable for a child trespasser who is injured by a dangerous artificial condition,
even if the child was attracted to the property not by that condition.
1) dangerous condition on land
2) ownser knows that children frequent the area
3) condition is dangerous BECAUSE the child is unable to appreciate the risk
4) expense of remedying the situation is slight compared to the magnitued of the risk
What duty of care does a land owner (or tenant) owe to a social guest?
Social guests are considered licensees, land owners or tenants have a duty to warn or make safe dangerous conditions KNOWN to the owner or tenant that creates an unreasonable risk of harm, and one that the Licensee is unlikely to discover (if its an obvious dangerous condition, can’t recover)
What are the elements of Negligence Per Se?
1) P is in the class that the violation of the statute was inteneded to protect 2) The statute was designed to prevent the harm that occurred 3) The statue clearly specifies what is required. Exception: VIOLATION OF STATUE MAY BE EXCUSED WHERE COMPLIANCE WOULD CAUSE MORE DANGER THAN VIOLATION or beyond D’s control. If exception is applied and therefore P cannot make out a Prima Facie case, D can win on directed verdict!
What is Pure Comparative Negligence?
P can recover only the percentage of damages suffered not caused by P. Can collect entire amount from ANY D. D would then have a contribution claim for whatever percentatge was not their fault.
When is a warning required on products for strict products liability cases?
When the manufacturer knows that the product is commonly used in a way not intended, and that misuse can cause harm. Manufacturer is strictly liable if there is an inadequate warning.
What is the prima facie case for trespass?
1) an act of physical invasion of the plaintiff’s RP
2) INTENT on the D’s part to bring about a physical invasion (doesn’t have to intend to trespass, D’s act set in motion causes a physical invasion) and 3) Causation
What are the element of Invasion of Privacy public disclosure of private facts?
1) Publication of 2) private information 3) disclosure would be highly offensive to a reasonable person……No liability for publication of matters occurring in public places/OR of PUBLIC INTEREST
When does a right of indemnity exist?
A person who is held liable for damages caused by another simply because of his relationship to that person may seek indemnification from the person whose conduct actually caused the damage.
What are the elements of False Light Invasion of Privacy?
1) publication of facts about plaintiff by D placing P in a flase light in the public eye and
2) the “false light” must be something that would be highly offensive to a reasonable person under the circumstances
What are the elements of NIED?
1) D causes forseeable risk of physical injury to the P. Emotional distress without physical symptoms is insufficient in most jdx HOWEVER,
P’s can recover in absence of physical symptoms where D’s negligence creates a great liklihood of severe emotional distress
When do qualified privileges exist in defamation cases?
Qp is recognized when the recipient has an interest in the information and it is reasonable for the D to make the publication of the statement.
Elements of Interference w/ Business Relations?
1) existence of a valid contractual relationship between P and 3rd party OR valid busienss expectancy of P
2) D’s knowledge of the relationship
3) intentional interference by D that induces a breach
4) damage to P