Torts Flashcards
Transferred intent
- Intends to commit a tort against one person but instead
A. Commits a different tort against that person
B. Commits that tort to a different person
C. Commits a different tort against a different person
False imprisonment
- Intent
- Confine or restrain to bounded area
- Causation
- Awareness of confinement
IIED
- Intent or recklessness
- Extreme or outrageous conduct
- Causation
- Damages- severe emotional distress
Extreme and outrageous conduct
- Continuous
- Sensitive plaintiff( child/ elderly: infirm)
- Special defendant/ duty
Trespass to chattels
- Intent
- Act that interfered with plaintiffs right of possession
- Causation
- Damages
Conversion
- Intent
- Act that seriously interfered with plaintiffs right of possession
- Causation
- Damages
Remedy- replevin or fair market damages at time of conversion
Intentional tort defensed
- Consent (express or implied)
- Self defense/ defense of others/ defense of property
- Privilege of arrest
- Necessity
- Discipline
Standards of care
- Default- reasonably prudent person
- Professional- knowledge and skill of member of profession in good standing
- Children- child of similar age, education, experience - subjective test
Landowner duties
- To off premises- duty to protect from his caused artificial conditions
- On premises
A. Trespasser- no duty to undiscovered T
To known T- duty to warn of known artificial dangerous conditions
B. Licensee- duty to warn of or make safe dangerous conditions likely to not be discovered by licensee. Exercise reasonable care in active operations- no duty to inspect or repair
C. Invitees- licensee duties + duty to inspect and repair
Attractive nuisance
- Dangerous condition on land owner should be aware of
- Owner knows or should have known children often visit
- Condition likely to cause injury
- Cost of remedy is slight compared to magnitude of risk
Statutory standard of care
- Plaintiff is within protected class
2. Injury is of type statute was meant to protect against
Negligent infliction of emotional distress
- Plaintiff in zone of danger
- Physical symptoms
Except
3. Family member bystander and present, and personally perceived event
- Special relationship with tortfeasor/ plaintiff ( doctor/ patient etc)
Res ipsa loquitur
- Accident doesnt normally occur without negligence
- Negligence attributable to defendant (exclusive control)
No directed verdict allowed
Causation
- But for test
- Substantial factor test
- Unascertainable causes approach- burden of proof shifts to defendants
Contributory negligence
Plaintiffs claim barred if contributed to own injury
Pure Comparative negligence
Damage award reduced by percentage of culpability
Partial comparative negligence
Barred if > %50 fault
Strict liability
- Nature of activity imposed absolute duty to make safe
- Dangerous aspect of activity was actual and proximate cause
- Plaintiff suffered damage
Strict liability
- Defect ( manufacturing, design, information)
2. Existed when left Ds control
Nuisance
- Substantial interference with use and enjoyment
- Unreasonable interference
Injury must outweigh benefit
Remedy is damages or injunctive relief
Respondeat superior intentional tort liability
- Force is authorized by employment
- Friction generated by employment
- Furthering business if employer
Independent contractor liability
- Inherently dangerous
2. Non delegable
Indemnity
- Shifting entire loss between tortfeasors
- By contract
- Vicarious liability situations
- Identifiable difference in degree of fault
Defamation
- Defamatory language
- Of or concerning plaintiff
- Publication
- Damage to plaintiffs reputation
If Public concern:
- Falsity
- Fault
Intentional misrepresentation( fraud/ deceit)
- Misrepresentation of material fact
- Scienter( knowledge)
- Intent
- Causation
- Justifiable reliance
- Damages
Interference with business relations
- Valid contractual relationship
- Defendants knowledge of contract
- Intentional interference by inducing breach
- Damages
