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Juris Doctor > Torts > Flashcards

Torts Flashcards

0
Q

Tort Battery

A

The intentional harmful or offensive touching of another without consent or privilege.

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1
Q

Tort Assault

A

The intentional placing of another in apprehension of an imminent harmful or offensive touching without consent or privilege.

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2
Q

Tort Conversion

A

The intentional exercise of wrongful dominion and control over the chattel of another without consent or privilege.

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3
Q

False Imprisonment

A

The intentional physical or psychological confinement of another within fixed boundaries, for any period of time, without consent or privilege.

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4
Q

Intentional Infliction of Emotional Distress

A

Conduct of an extreme and outrageous nature, which is calculated to cause and which does cause severe emotional distress.

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5
Q

Trespass to Land

A

The intentional entry upon the land in possession of another without consent or privilege.

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6
Q

Trespass to Chattel

A

The intentional interference with the chattel in possession of another without consent or privilege.

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7
Q 
Crazy
Silly
Double
Dealing
Dirty
Dog
Leave
Right
Now
Never
Return
Ever
A 
Consent
Self Defense
Defense of others
Defense of property
Discipline
Detention for Investigation
Legal Authority
Re-entry of land wrongfully withheld
Necessity public
Necessity private
Recapture of chattel
Entry to abate a nuisance
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8
Q

Negligence

A

D may be liable to P for negligence if it can be determined that D owed a duty to P, that D breached that duty, and P suffered damages actually and proximately caused by D’s breach.

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9
Q

General duty

A

It appears that when D did ACT he created a foreseeable risk of harm and fell below the reasonable standard of care for a BLANK.

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10
Q

Creation of duty

A 
CRAPS
Contract
special Relationship
Assumption of duty
creation of Peril
Statute
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12
Q

Special Duty - VGOLD

A 
Violation of statute
Guest statute
Omission to act
Landowner/occupier - licensee: warn of known, invitee: warn and make safe all found with reasonable inspection, known trespasser: warn. 
Duties owed by lessors of land
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13
Q

Violation of statute - ICI+/-

A

Intent of legislature
Class intended to protect
type of Injury
evidentiary effect - violation = breach

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16
Q

Strict Liability - Rylands v Fletcher

A

A person who brings something onto his land that involves a non-natural use of the land and is likely to cause substantial damage if it escapes will be strictly liable if it in fact escapes and causes harm.

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17
Q

Strict Liability - 2nd Restatement

A

One who maintains an abnormally dangerous condition or activity on his premises may be liable for the harm it causes even with reasonable care.

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20
Q

Tort General Damages

A

Past, present, future pain and suffering

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21
Q

Tort Special Damages

A

Past, present, future economic losses, medical bills, loss of wages/profits.
Pure economic loss not supported.

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22
Q

Negligent Infliction of Emotional Distress

A

Duty owed not to subject others to a foreseeable risk of physical injury that might foreseeably result in emotional distress.

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23
Q

Product Liability

Intentional approach

A

Knowledge
Substantially certain
Battery
Punitive $

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24
Q

Products Liability

Negligence approach

A 
Duty
Breach
Causation
Damages
Defenses
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25
Q

NIED Bystander Rule

A

Dillon v Legg minority - close relationship and contemporaneous sensory observance.

Thing v La Chusa - limited to closely related and present at event.

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26
Q

Products Liability

Warranty approach

A 
Expressed
Implied warranty of merchantibility
Implied warranty of fitness for intended use
Causation
Damaged
Defenses
27
Q

Assumption of Risk

A

P assumes the risk when he has knowledge, comprehension, and appreciation of a danger and voluntarily chooses to encounter it.

28
Q

Survival Statute

A

Suit brought by estate subject to claims. Recover same as personal injury suit.

29
Q

Products Liability

Strict liability in tort approach

A 
Memorized statement
Stream of commerce
Defect in existence
Causation
Damages
Defenses
    Indemnity
30
Q

Wrongful Death

A

Suit brought by heirs. Recover loss of pecuniary support.

31
Q

Products Liability - Negligence - McPherson v Buick

A

McPherson v Buick discarded the privity requirement and maintained where the average reasonable man could foresee that the product would create a risk of harm, then the supplier was under a duty to all foreseeable users.

33
Q

Implied Warranty of Merchantability

A

A merchant selling goods warrants that they are of average and fair quality, ie., fit for normal use.

34
Q

Implied Warranty of Fitness for Intended Use

A

If seller knows of buyer’s intended use, and buyer acting as an average reasonable person, relies upon seller’s “special knowledge and skills” then seller has liability.

35
Q

Defamation approach

A 
Memorized statement
Damages
Defenses
    Truth
    Consent
    Absolute
    Qualified
    Constitutional privilege
37
Q

Products Liability -

Strict Liability In Tort

A

Courts have held a manufacturer/distributor/supplier liable by operation of law. Thus, if a defective product is placed in the stream of commerce the manufacturer will be held strictly liable in tort to all consumer-users for their injuries.
P must establish that the product is defective in design, manufacture, or warning.

Restatement 2nd 402a - Required that in order for a product to be defective it must be sold by a commercial seller and be unreasonably dangerous in its normal intended use (danger not contemplated by ordinary user and manufacturer must have been able to foresee).

Consumer expectation test/cost/benefit analysis test.

CA only requires that the product be defective and causes harm in its normal use. Foreseeability not an issue.

38
Q

Improper Litigation

A

Malicious prosecution, wrongful institution of civil proceedings, abuse of process.

39
Q

Nuisance

A

An act by D that constitutes a nontrespassory invasion of P’s interest in the use and enjoyment of his land, causing P substantial and unreasonable harm. (Utility v Risk, $ damages or injunction)

40
Q

Invasion of privacy approach

AFLIP

A

Appropriation of likeness
False Light
Intrusion upon seclusion
Public disclosure of private fact

Defenses
Consent
Truth - FL
Newsworthy

IIED?

41
Q

False Light

A

Unauthorized use of P’s name or likeness attributing to P ideas which are false.

Must be highly offensive to a reasonable person.

Time v Hill - must demonstrate malice.

Defense of truth, absolute and qualified privilege.

42
Q

Misrepresentation

Intentional/Negligent

A

A false representation of existing material fact which is made:

Intentional - knowingly with intent to induce P’s reliance, causing P to justifiably rely to his damage.

Negligent - with lack of due care intending to induce reliance to which proximately causes P damage.

43
Q

Business Torts

A

Injurious Falsehood
Interference with contract
Interference with prospective advantage

44
Q

Public Disclosure of Private Fact

A

Highly offensive to reasonable person and not of public concern.

Publicity enough to equate to public at large.

Defense of newsworthy.

45
Q

Invitee

A

An invitee is one whose presence confers an economic benefit on the landholder.

46
Q

Pure Comparative Negligence

A

A plaintiff’s recovery in a negligence action is diminished in proportion to the plaintiff’s fault, but is not barred.

47
Q

Torts Main Checklist

A 
Intentional Torts/Defenses
Negligent Torts/Defenses
Miscellaneous Torts
Strict Liability
Vicarious Liability
Products Liability
Crossover Torts
Defamation
Invasion of Privacy
Remedies
48
Q

Products Liability Approach

A

Intent
Negligence - McPherson v Buick
Warranty
Strict Liability in Tort - R 2nd 402a

49
Q

Attractive Nuisance

A Professor You Understand

A

Artificial
Possessor knew or should have known
Youth unable to recognize danger
Utility of maintain condition v burden to eliminate.

50
Q

Res Ipsa Loquitur

A

The thing speaks for itself.

Breach may be applied in situations where 1) such things do not happen absent negligence 2) no one else could be responsible 3) the plaintiff did not contribute to his own injury.

51
Q

Crossover Torts - I Never Mix Business

A

Improper litigation
Nuisance
Misrepresentation
Business Torts

52
Q

Miscellaneous Torts

A

Wrongful Death
Survival Statute
Statute of Limitations
Immunities

54
Q

Defamation

A

P must prove that the matter was false and defamatory (lowers P’s esteem in the community) published intentionally or negligently by D to a third person, that the third person understood the defamatory imputations applied to P and P suffered damage as a result of the defamation.
When a public figure sues for libel related to a matter of public concern actual malice as defined in New York v Sullivan becomes part of P’s prima facie case. Actual malice is knowing falsity or reckless disregard for truth or falsity.

55
Q

Absolute Privilege

A 
Judicial
Legislative
Government
Spouse
Broadcasters
56
Q

Qualified Privilege

A 
Public proceedings
Fair comment
Self protection
Protect others
Common interest
Prevent a crime
57
Q

Constitutional Privilege

A

Public figures absent malice

59
Q

Appropriation of Likeness

A

Unjust enrichment through the theft of goodwill.

61
Q

Intrusion upon Seclusion

A

Unreasonable invasion of another’s reasonable expectation of privacy.

73
Q

Superseding Intervening Cause Statement

A

If negligence that is a cause of harm is followed by an intervening cause of harm that was unforeseeable, the intervention is regarded as a superseding cause that relieves the antecedent wrongdoer of liability.

Juris Doctor (3 decks)

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