Tort Flashcards
What type of injury do you need for a negligence case
Actual injury, pure economic loss isn’t going to cut it
Do you need a substantial loss for intentional interference with a contract?
No
Can you be liable for your guest’s actions?
Yes
Are attorney’s fees in a personal injury suit recoverable?
No
If your negligence causes harm, are you liable to rescuers?
Yes, because “danger invites rescue” (guy in the house falling down the stairs)
If you think you are hitting a non-person (furniture, alien, etc.) can you be liable for battery?
No
Pure several jurisdiction
each party is only liability for their percent of the damages (can’t collect everything from one party)
What risks do you need to discuss for informed consent?
all the risks (even if you don’t think it applies to that patient)
If a wild animal is properly confined, is the owner liable for injuries from fearful reactions to them?
No
If you place a person in peril, are you under a duty to protect them from further injury caused by that peril
Yes
If an employee is acting within the scope of their employment, do clear instructions shield the employer from vicarious liability?
No
Elements for slander
Slander = written defamation
(i) the defendant’s defamatory language, (ii) is of or concerning the plaintiff, (iii) is published to a third party who understands its defamatory nature, and (iv) it damages the plaintiff’s reputation.
Note: don’t need to
prove the defendant knew the statement was false unless public figure
For matters of public concern or public figures, what additionally must the plaintiff prove for defamation?
the plaintiff is constitutionally required to prove fault on the part of the defendant for matters of public concern. If the plaintiff is either a public official or a public figure, then the plaintiff must prove actual malice.
Does assault require you to be aware of the upcoming danger?
Yes
What are the two IIED situations?
there is intent to cause severe emotional distress or the D is reckless as to the risk of causing emotional distress
When is the owner strictly liable for wild animal harm
The harm must come as a consequence of a dangerous propensity of the animal
If a supplier in a supply chain gives the manufacturer instructions that are not followed, can the supplier be successfully sued as a strict liability claim?
No
What do you need for punitive damages?
Willful and wanton conduct
Does the scope of consent matter?
Yes
What is the default of multiple tortfeasor fault?
Pure comparative fault
For nied must the party be present at the scene of whatever was upsetting?
Yes
If a child reads a warning but does not appreciate it, does attractive nuisance still apply?
Yes
Does assumption of the risk fold into comparative negligence?
Yes
Collateral source rule
you can’t bring in the existence of reimbursement for the plaintiff from other sources
Is assumption of the risk a defense to a strict liability claim?
Yes
