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1L > Torts > Flashcards

Torts Flashcards

1
Q

Battery

A

AIC Act, Intent (harmful or offensive), Contact (harmful or offensive)

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2
Q

Single intent (battery)

A

Intent to touch - purpose or knowledge

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3
Q

Dual intent (battery)

A

Intent to touch AND intent to make harmful or offensive contact

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4
Q

Assault

A

AIRA Act, Intent (harmful or offensive), Reasonable Apprehension of imminent harmful or offensive contact

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5
Q

False imprisonment

A

CIA actual Confinement in bounded area, Intent to confine/restrain, Awareness/conscious of or harmed by confinement

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6
Q

Trespass to land

A

APII act, physical invasion/entry, intent to enter (purpose or knowledge)

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7
Q

Conversion of chattels

A

Unauthorized control. Factors: extent/duration, intent, good faith, harm, expense/inconvenience
DIP dominion and control (substantially interfered), intent, possession

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8
Q

Trespass to chattels

A

Act, intent (purpose or knowledge) to interfere with possession of chattel, actual damage
AIIP act, intent, interference, possession (or had right to possess it)

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9
Q

Intentional infliction of emotional distress

A

AIC Act (extreme and outrageous conduct, consider intensity and duration), Intent (severe emotional distress, or disregard of substantial probability), Causation (in fact)

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10
Q

Privileges for self defense

A

Justify D’s conduct as response to misconduct, consent, privilege of public and private necessity

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11
Q

Shopkeeper’s privilege

A

Reasonable cause, manner, time

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12
Q

Negligence

A

conduct falls below standard established by law. Duty, breach, but-for cause, proximate cause, injury. Ask what did D do (duty and breach), what were results of D’s conduct (cause), what did P do (defenses)

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13
Q

Res ipsa loquitur

A

Thing was under management/exclusive control of D, accident wouldn’t ordinarily happen in the absence of negligence, P didn’t voluntarily contribute to injury

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14
Q

Exceptions to contributory negligence

A

Rescue, last clear chance, discovered peril, reckless or intentional misconduct, P’s illegal activity

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15
Q

Exceptions to no-duty-to-act

A

Knows, created risk, statute

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16
Q

7 intentional torts

A

battery, assault, false imprisonment, intentional infliction of emotional distress, trespass to land, trespass to chattels, conversion FITTED CAB (False Imprisonment, Trespass land, Trespass chattels, Emotional Distress, Conversion, Assault, Battery)

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17
Q

Intent

A

desire that certain consequences result from his actions, or even if he doesn’t intend those results, knowledge that those results are substantially certain to occur as a result of his actions

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18
Q

Act

A

voluntary muscular movement

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19
Q

Transferred intent

A

between victims, between torts

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20
Q

Battery defenses

A

Self-defense, consent, defense of others, defense of property, retaking of land, recapture of chattels, necessity, discipline, detention for investigation, legal authority

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21
Q

False imprisonment defenses

A

consent, legal justification, shopkeeper’s privilege

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22
Q

False imprisonment damages

A

compensation loss of time, physical discomfort and inconvenience, illness, mental suffering, humiliation, punitive damages

23
Q

Trespass to land defenses

A

consent, necessity (public or private)

24
Q

9 defenses to intentional torts

A

DODD SLASh CoRN Defense of Others, Defense of land/chattels, Discipline, Self-defense, Legal Authority, Shoplifter, Consent, Recapture of chattels, Necessity

25
Q

Types of consent

A

express, implied-in-fact, implied by law (emergency)

26
Q

Consent to intentional tort is ineffective when

A

CAD FInS Criminal Act, Duress, Fraud, Incapacity, Scope (exceeded)

27
Q

Public necessity

A

defense when there’s a public disaster

28
Q

Private necessity

A

defense when reasonably necessary to protect from death/serious harm or protect specific land or chattels from injury

29
Q

Balancing test

A

B (burden, utility of D) less than PL (probability and gravity of harm). Measure duty and breach of reasonable care

30
Q

General standard of care

A

reasonable person (exceptions for certain groups of people, blind, children)

31
Q

Negligence per se for statute

A

statute has criminal penalty, was created for the purpose of preventing the kind of harm suffered, P is member of class. CriMP (Criminal penalty, Member of class, Prevent kind of harm)

32
Q

When individual must affirmatively act for other’s benefit

A

created the peril, special relationship, has undertaken to act for P’s benefit

33
Q

Cause in fact

A

but for test (single cause) or substantial test (multiple causes) of whether D’s act brought about P’s injuries. Preponderance of evidence

34
Q

Proximate cause

A

policy considerations limiting scope of liability, foreseeability of risks and consequences. Was P’s injury within the scope of the risk created by D’s negligence? Liability limited to harm that results from the risks that made the actor’s conduct tortious

35
Q

Intervening cause

A

comes into active operation in producing the result after D’s negligent act from a source independent of D’s negligence

36
Q

Superseding cause

A

intervening act was unlikely or bizarre, break the chain of causation, not within the risk that made the D’s conduct negligent. Determined by foreseeability. Criminal acts or intentional torts of third parties, extraordinarily negligent conduct, acts of God

37
Q

Negligence affirmative defenses

A

contributory negligence, comparative negligence, assumption of risk (express or implied)

38
Q

Assumption of risk defense elements

A

P knew and appreciate the risk, freely and voluntarily assumed risk

39
Q

Contributory negligence

A

P’s conduct doesn’t meet the standard of care for his own protection and is a cause of his harm (under but-for or substantial factor test). Complete bar

40
Q

Comparative negligence

A

divides liability between P and D in proportion to their fault. Pure (P can recover damages from D no matter how large P’s own negligence contributed) or modified (P’s negligence must be less than 50% or no more than 50%)

41
Q

Adults who enter land categories and landowner duties

A

trespasser (no general duty of care), licensee (duty to warn of known danger but no duty to inspect or repair, avoid gross negligence), invitee (duty to warn, inspect, and repair, make property reasonably safe. Express or implied invitation to conduct business or land is open to public)

42
Q

Attractive nuisance doctrine

A

landowner must exercise ordinary care to avoid harm to children when harm is reasonably foreseeable risk caused by a dangerous artificial condition where children are likely to trespass and risk of injury outweighs cost of remedying

43
Q

Vicarious liability

A

special relationship, liability without fault, liable when torts occur within the scope of the employment relationship (serves employer’s objectives, general type that employee is authorized to perform, within time/place authorized)

44
Q

Parents liable for children when

A

give child dangerous object, not protect against dangerous tendency parent knows, when parents and child are together, not warning others of child’s dangerous tendencies

45
Q

Joint and several liability

A

more than one tortfeasor and damages are indivisible, all tortfeasors are jointly liable and can be liable for the whole judgment. Often when tortfeasors act in concert, fail to perform a common duty, or act independently to produce an indivisible injury

46
Q

Contribution

A

sharing payment for joint liability, defendant can seek partial reimbursement from other joint tortfeasors

47
Q

Several liability

A

tortfeasor only liable for proportionate share of fault, no contribution rights needed or recognized

48
Q

Major topics mneumonic

A

BAT FIND PIN SLIM CV
Battery Assault Trespass, False Imprisonment Negligence Defamation, Products liability IIED Nuisance, Strict liability Landowner liability Invasion of privacy Misrepresentation, Conversion Vicarious liability

49
Q

Products liability tests

A

consumer expectations test, risk-utility test

50
Q

Restatement Third: 3 categories products liability

A

manufacturing (departed from intended design), design (RAD), informational

51
Q

Strict products liability

A

DCCBC defect control changes business causation

52
Q

3 frameworks for duty

A

kitchen sink (foreseeability and policy), all public policy, Restatement §7 actor’s conduct creates a risk of physical harm

53
Q

Res ipsa loquitur

A

exclusive control of D, wouldn’t ordinarily happen in the absence of negligence

1L (2 decks)

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