Torts Flashcards
A tort is a civil (i) _______ committed against another.
(i) wrong
(i) ________ is a (ii) _______ or (iii) _______ contact with the plaintiff’s person, (iii) _________ caused by the defendant.
(i) battery; (ii) harmful; (ii) offensive; (iii) intentionally
For battery, contact is offensive if the plaintiff has not (i) ______ or (ii) _______ consented
(i) expressly; (ii) impliedly
(i) ________ is the intentional creation by the defendant of a (ii) _________ _________ of (iii) __________ harmful or offensive contact to the plaintiff’s person
(i) assault; (ii) reasonable apprehension; (ii) immediate
False (i) __________ is an intentional act or (ii) _______ by the defendant that causes the plaintiff to be (iii) __________ or restrained to a (iv) _______ area. Confinement or restraint includes threats of force, false arrest, and failure to provide a means of escape.
(i) arrest; (ii) omission; (iii) confined; (iv) bounded
Intentional (i) _______ of ________ _________ is (ii) ______ and _________ conduct by the defendant that causes the plaintiff to suffer (iii) _________ emotional distress. (physical injuries are not required)
(i) infliction of emotional distress; (ii) extreme and outrageous; (iii) severe
Trespass to (i) _______ is an intentional (ii) _____ of the plaintiff’s real property.
(i) land; (ii) intentional invasion
Trespass to (i) _________ is the intentional (ii) _________ with the plaintiff’s rights to possess chattel, resulting in (iii) _____. If the damage is serious, it’s likely transformed into (iv) ________.
(i) chattel; (ii) interference; (iii) damages; (iv) ocnversion
(i) __________ is an intentional act to (ii) _________ interfere with the plaintiff’s right in chattel. The interference is so serious that the defendant should pay the full (iii) _____ value of the chattel (in effect, a forced sale).
(i) conversion; (ii) chattel; (iii) market
Intent will be (i) _______ from the intended (ii) _____ to the committed tort, OR from the intended (iii) ________ to the actual victim
(i) transferred; (ii) tort; (iii) victim
Consent is a defense to an intentional tort, when it is either (i) _______ or (ii) ______.
(i) express; (ii) implied
Defense of others, defense of property, and self-defense are available tort defenses where the defendant (i) ________ believed that the tort is being or about to committed
(i) reasonably
In defense, only (i) _______ force may be used. (ii) _____ force is permitted if (iii) ______ believed to be necessary to prevent serious bodily harm (never to protect property). The (iv) _______ privilege permits the reasonable (v) __________ of someone who the shopkeeper reasonably believes has stolen goods.
(i) reasonable; (ii) deadly; (iii) reasonably; (iv) shopkeeper’s; (v) detention
The prima facie negligence case includes: (i) a _____ of care, (ii) a _____ of that duty, (iii) that the breach was the ______ and ______ cause of the plaintiff’s injury, and (iv) that the plaintiff suffered __________ to person or property.
(i) duty of care; (ii) breach of duty; (iii) actual and proximate; (iv) damages
The general standard of care is that of a (i) ________ ______ person under the same or similar circumstances (average mental ability, same physical characteristics, of defendant). Professionals must exercise the (ii) ______ and _____ of a member of their profession, in good standing. Children must conform to the standard of care of a child of like (iii) _______, _______, _________ and experience (except in adult activities).
(i) reasonably prudent; (ii) knowledge and skill; (iii) age, education, intelligence, and experience
A landowner’s duty of care to a (i) __________ is nothing to an undiscovered trespasser. For discovered (and anticipated) trespassers, the landowner has a duty to (ii) ______ or make _________ known, (iii) ______ ______, _________ conditions, if not obvious to a trespasser.
(i) trespasser; (ii) warn or make safe; (iii) highly dangerous, artificial
A (i) _______ is one who comes onto the land with express or implied permission, but for their own purposes (like a social guest). The landowner’s duty is the same as for discovered trespassers, EXCEPT that it applies to (ii) ______ dangerous artificial and natural conditions (not just highly dangerous artificial conditions).
(i) licensee; (ii) all
A criminal statute may serve to establish a specific standard of care (negligence per se) if the plaintiff is within the (i) ________ that the statute was meant to (ii) _______, and the statute was designed to prevent the (iii) _____ of ______ suffered.
(i) class; (ii) protect; (iii) type of harm
Negligent infliction of emotional distress is where the defendant breaches a duty to the plaintiff by creating a risk of physical injury, and the plaintiff suffers (i) _______ ________ as a result.
(i) emotion distress
For a negligent infliction of emotional distress claim, the plaintiff must be within the (i) _____ of ______ and experience (ii) _______ symptoms for the distress.
(i) zone of danger; (ii) physical
A plaintiff may have a claim for NIoED where the defendant breaches a duty to a bystander not in the zone of danger, who is (i) _______ ______ to the injured person, who was (ii) _______ at the scene of the injury, and who (iii) _______ witnesses or perceived the event.
(i) closely related; (ii) present; (iii) personally
There is also an exceptional case of NIoED where the relationship between the plaintiff and defendant has great potential to directly cause emotional distress, for instance, a (i) _________ erroneously reporting the (ii) _____ of a family member.
(i) hospital; (ii) death
Whether the defendant (i) _________ the standard of care is a question for the (ii) _____ of _____.
(i) breached; (ii) trier of fact
Under (i) ___ _____ _________, the fact that an injury occurred may create an inference that the defendant (ii) _______. There are three requirements to invoke res ipsa loquitur: the accident it the type that would not have occurred with out (iii) _________; the negligence is (iv) ______ to the defendant (who usually had exclusive control of the instrumentality); and the injury is not attributable to the plaintiff’s own (v) ______.
(i) res ipsa loquitur; (ii) breached; (iii) negligence; (iv) attributable; (v) conduct/behavior
(i) ______ cause is usually established by the (ii) ____ for test.
(i) actual; (ii) but for
When two acts bring about an injury, and either one along would have sufficed to cause injury, the acts (i) ______, and either is an (ii) ________ cause of the injury if it was a (iii) _______ factor in causing the injury.
(i) merge; (ii) actual; (iii) substantial
When two acts were negligent, but it is not clear which was the (i) _______ cause, the burden shifts to the (ii) ________ to show that he was not the actual cause.
(i) actual; (ii) defendants
(i) _______ cause limits liability to (ii) ____________ consequences of the defendant’s actions
(i) proximate; (ii) unforeseeable
Foreseeable intervening forces do (i) ______ cut off the defendant’s liability for (ii) _______ acts
(i) not; (ii) subsequent
The plaintiff must show actual (i) ____ or (ii) _______ to complete the prima facie case. The plaintiff can recover (iii) _______ damages and (iv) _____ and suffering. The extent or severity of the harm need not have been (v) ______. The tortfeasor takes his victim as he finds him.
(i) injury; (ii) harm; (iii) economic; (iv) pain and suffering; (v) foreseeable
Two defenses to negligence are that the plaintiff (i) ________ to the negligence, and that the plaintiff (ii) ______ the risk.
(i) contributed; (ii) assumed
(i) _____ liability is imposed where a (ii) _____ animal or an (iii) ______ ______ domestic animal causes injury.
(i) strict; (ii) wild; (iii) abnormally dangerous
(i) ______ liability is imposed on one who is engaged in (ii) ______ ________ activity (one that creates a foreseeable risk of serious harm even where reasonable care is exercised)
(i) strict; (ii) abnormally dangerous
For (i) _____ liability, the harm must result from the (ii) ____- of danger that makes the animal or activity abnormally dangerous.
(i) strict; (ii) kind
Defective product torts can be brought under lots of tort theories: (i) _______ harm; (ii) _______, (iii) ____ liability, (iv) _______ warranties of merchantability and fitness
(i) intentional harm; (ii) negligence; (iii) strict liability; (iv) implied warranties of merchantability and fitness
Products liability arises when a commercial supplier supplies a product in a (i) _____ condition, unreasonably (ii) _______ to users. A product has a (iii) ______ defect when it varies from other products produced, and is dangerous beyond the ordinary consumer expectation. A product has a (iv) _______ defect when all products of the line have dangerous characteristics or an (v) ________ defect (inadequate warnings and instructions), and a less dangerous modification was (vi) _______ feasible.
(i) defective; (ii) dangerous; (iii) manufacturing; (iv) design; (v) information; (vi) economically
Product strict liability arises from supplying a (i) _____ product even if the defendant exercised due care and was not negligent. Even a (ii) ________ who had no opportunity to inspect may be as liable as a commercial supplier. The defect must have (iii) ________ when the product left the defendant’s (iv) ______-.
(i) defective; (ii) retailer; (iii) existed; (iv) control
A private (i) _______ is a substantial, unreasonable interference with another person’s use or enjoyment of her property.
(i) nuisance
A (i) ______ ________ unreasonably interferes with he health, safety, or property rights of the community
(i) public nuisance
Nuisance claims an be based on (i) ______, (ii) ________, or strict liability
(i) intent; (ii) negligence
(i) ______ to the nuisance is not a defense for the defendant against a new neighbor plaintiff
(i) coming
An employer is responsible for the torts of her (i) ______ that occur with in the (ii) _____ of employment. That is called (iii) ______ _______.
(i) employee; (ii) scope; (iii) respondeat superior
In general, a principal is not responsible for the torts of an independent contractor, but that may change if the contractor in engaged in (i) _______ ______ activity, or the duties cannot be (ii) ________ for public policy reasons.
(i) inherently dangerous; (ii) delegated
An automobile owner is not automatically liable for the torts of a driver of his car unless the state has enacted a permissive use statute (liable for driver the owner gave (i) _______) or a family purpose doctrine (liable for a family member driving without (ii) _______).
(i) permission; (ii) without permission
A parent is not (i) ______ liable for a child’s torts at common law. But a child may have limited liability for intentional torts.
(i) vicariously
Whether or not there is vicarious liability, a defendant can be liable for his owns acts, like negligent (i) _______ of an employee, or negligent (ii) _______ of equipment.
(i) hiring; (ii) entrustment
Joint tortfeasors who act together to cause an indivisible injury are (i) _____ and ________ liable. If the plaintiff recovers all damages from one tortfeasor, (ii) _______ allows that tortfeasor to subsequently collect his dues from the other tortfeasors.
(i) joint and several; (ii) contribution
(i) _____ statutes allow the victim’s estate to preserve causes of action. (ii) ______ death statutes allow a personal representative or spouse to sue for loss of (iii) ______ and (iv) _________.
(i) survival; (ii) wrongful; (iii) income; (iv) companionship
Governments have generally waived tort immunity for (i) _____ acts (day-to-day operations) but not (ii) ______ acts (policy)
(i) ministerial; (ii) discretionary
(i) _________ is the (ii) _______ of (iii) _______ language to a third person, that causes (iv) _______ to the plaintiff’s reputation
(i) defamation; (ii) publication; (iii) defamatory language; (iv) damage
Defamatory damages are presumed in libel ( (i) _____ or other permanent form) or (ii) _______ per ___ (spoken defamation related to professional work, a loathsome disease, a crime of moral turpitude, or the unchastity of a woman); otherwise, (iii) ______ damages must be shown.
(i) writing; (ii) slander per se; (iii) pecuniary
If the plaintiff is a public figure or official, or if the defamation relates to a matter of public concern, the plaintiff must prove that the statement was (i) ________. If the plaintiff is a public figure, he must show (ii) _____ _____, meaning that the statement was made with knowledge of falsity or reckless disregard for the truth. Private figures suing in a matter of public concern must show at least (iii) __________ as to truth or falsity, and (iv) ______ injury.
(i) false; (ii) actual malice; (iii) negligence; (iv) actual injury