Torts Flashcards
Defendant publishes a falsehood that damages the reputation of plaintiff
Defamation
Plaintiff must prove duty, breach of duty, causation, and damages
Negligence
The writing is defamatory on its face
Libel per se
Public disclosure of private facts about plaintiff
Invasion of privacy
Deliberate misrepresentation of a material fact made with the intent to deceive
Fraud
Detention of a person against his will and without just cause
False imprisonment
Consent
Defense to an intentional tort
Spoken defamation
Slander negligence
No intervening, superseding acts
Proximate causation
Actor is held liable for injuries caused by a defective product
Products liability
Plaintiff must prove damage to his reputation; the spoken statement alone is insufficient
Slander per quod
Common law defense to a negligence action
Assumption of risk
Defendant knew the statement was false or recklessly disregarded its truth or falsity
Actual malice
Statutory defense to negligence action; plaintiff cannot recover if he was at all negligent
Contributory negligence
Harmful or offensive non-consensual contact
Battery
Public official must prove actual malice to recover in a defamation action
N.Y. Times v. Sullivan
Generally known danger
Defense to product liability
Appropriation of plaintiff’s name or picture for commercial advantage
Invasion of privacy
Liability arises because of the ultrahazardous activity in which the actor is engaged
Strict liability
Plaintiff need not prove damage to his reputation; the statement alone is sufficient
Slander per se
Statutory defense to a negligence action; plaintiff can recover only those damages attributable to defendant
Comparative negligence
Doctrine used to prove breach of duty in a negligence action
Res ipsa loquitur
Threat or reasonable apprehension of immediate, harmful contact
Assault
Publication of facts that place plaintiff in a false light
Invasion of privacy
Plaintiff must have knowledge of the risk and proceed voluntarily in spite of the risk
Assumption of risk
The writing is defamatory only within the context of the entire document
Libel per quod
Injury was not a foreseeable result of defendant’s action
Palsgraf v. L.I.R.R.
Defendant’s outrageous conduct causes plaintiff to suffer severe emotional distress
Intentional infliction of emotional distress
Intrusion upon plaintiff’s private affairs or seclusion
Invasion of privacy
Misuse of product
Defense to product liability
Truth
Defense to an intentional tort
Privilege
Defense to an intentional tort
“But-for” test
Actual causation
Physical invasion of someone else’s land or airspace
Trespass
Necessity
Defense to an intentional tort
Written defamation
Libel
