TORTS Flashcards
NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
NEED PHYSICAL SYMPTOMS!
Near miss case
- negligence by D
- creates foreseeable risk of injury
- P is in zone of danger
- P must have PHYSICAL SYMPTOMS
Bystander claim
- Negligence by D
- P must have witnessed injury to a close family member (spouse, child parent)
- P must have physical symptoms (vary by state)
- P must be in the zone of danger
REQUIRES ACTUAL DAMAGES
EXCEPT FALSE REPORT OF DEATH MISHANDLING OF CORPSE - damages are presumed
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
D acted intentionally/recklessly
D’s conduct was extreme and outrageous
D’s act caused extreme emotional distress (causation)
P actually suffered emotional distress
ONLY PSYCHIC MENTAL INJURY IS ENOUGH
(grief, embarrassment, upset, depression
Conduct shocks to conscience)
PRODUCTS LIABILITY - STRICT PRODUCTS LIABILITY
PLAINTIFF MUST SHOW
1. D is a commercial supplier (strict liability may ONLY be brought against commercial seller or distributor of goods; entity who is engaged in selling goods of that type)
- casual sellers are NOT commercial suppliers.
- Any commercial seller in the distribution chain is a commercial supplier
2. Product was defective when it left the hands of the manufacturer/seller
- manufacturing defect - requires product is different from the intended design AND more dangerous than if made properly
- food defect if reasonable consumer would not expect the food product to contain that ingredient
- Design defect - way to build product that is safer, practical and similar cost. Trier of fact to balance
- failure to warn - P was not warned of the risks re: use of the product; it was not obvious to an ordinary user but known to the manufacturer; warning is proportionate to the risk involved with normal use of the product
3. Product caused injuries to P when it was being used in an intended or unintended foreseeable way
4. Product was not altered when it reached the P
PRODUCTS LIABILITY - LIABILITY FOR NEGLIGENCE
-
Duty was owed to the P
- Product suppliers owe a duty to all foreseeable users of its products and MUST act as a reasonably prudent supplier of the same type of product -
There was breach of that duty
* *-** breach will be found when supplier’s negligence results in the supply of a defective product
- breach if defective condition unreasonably dangerous -
actual and proximate cause
- liable for all foreseeable misuses of the product
- misuse will only cut the chain if it was not foreseeable -
damages
* *-** recovery for economic loss only is not allowed
- damages for personal injuries and property damage my be recovered
INTERFERENCE WITH BUSINESS RELATIONS
To establish a prima facie case of interference with contract or economic advantage:
- there must be valid contractual relationship between P and third party or future business relationship
- D had knowledge of such relationship or expectancy
- D intentionally interfered that induces a breach or termination of relationship or expectancy
- it caused damages to P