torts Flashcards
do torts req specific intent
no, just intent to bring about the forbidden consequence (ie unintended victim is still bad)
transferred intent
commit different tort against intended victim
commit same tort against unintended victim OR commit different tort against unintended victim
torts for transferred intent
assault battery false imprisonment trespass to land trespass to chattel
is incapacity a defense to intentional torts
no, bc just general intent
battery
harmful or offensive touching
contact to the P person
harmful or offensive touching
offensive by reasonable person
does a trap count as battery
yes, indirect harmful touching
assault
act by D causes reasonable (not exaggerated) apprehsneion
of an imminent battery (imminent)
apprehension for assault req…
awareness of the D act, specifically the D act, but does not need to know the D id
can words negate apprehension for assault
yes
false imprisonment
act that confines the P
P is confined to a bounded area
do threats work as false imprisonment
yes, direct AND implied
is time of confinement relevant for false imprisonment
NO
what is a bounded area
are with no reasonable means of escape KNOWN to the P (if area was escape but was hidden from P, then still FI)
intentional infliction of emotional distress
extreme and outrageuous conduct by D that causes
severe emotional distress to P
types of extreme and outrageous conduct for IIED
continuous
any gross conduct by innkeeper or common carrier
any gross conduct directed toward kids, old ppl. pregnant woman, supersensitive adults if known by D
intentionallity needed for IIED
recklessness
trespass to land
physical invasion
of P real property
physical invasion
tangible object
real property for trespass
reasonable distance of airspace and underground
trespasss to chattel
act by D
interferes w P right of possession in a chattel
interference: damage or dispossession
intent: to interfere, not trespass
conversion
act by D that interferes with P right of possession of chattel
serious enough to warrant full repayment
acts of conversion
theft, wrongful transfer, wrongful detention, severely messing with chattel
trespass to chattel vs conversion
less serious vs more serious
defense to intentional tort: consent
valid consent?
D stay within bounds of consent?
what undoes consent
mistake if known by D
fraud to obtain consent
duress to obtain consent
implied consent
reasonable person
custom and usage
OR P conduct
think sports, normal contact, incidental contact
self defense
if person reasonably believe they are about to be attacked
no duty to retreat IF met with non-deadly force
if deadly force, retreat unless home
not available to first aggressor UNLESS met with deadly force upon first aggression
mistake allowed for self defense
yes, as to the existence of danger
defense of others
when reasonably believe other person could have used force themselves
mistake permitted
defense of property
only non-deadly
reasonable force to PREVENT commission of a tort agaisnt property
MUST make a cease and desist declaration FIRST unless futile
doesn’t apply if tort already committed
can use force in hot pursuit of a recent tort if D is fleeing
shoplifting detention
reasonable belief of theft
reasonable manner of detention (nondeadly force)
reasonable period of time
recapture of chattel
(anyone) can use reasoanble force to recapture chattel if wronfully taken and in hot pursuit of taker
duty
who do I owe a duty
what is the standard of care
duty of care owed to….
foreseeable P
rescuers (except firefighter and police)
foreseeable P IF D NEGLIGENTLY put themselves or another in peril
standard of care
reasonably prudent person
d mental deficiencies not taken into account, but superior knowledge is
it is the floor
special standard of care
kids (like age, intelligence, experience)
professional (average member of pro)
possessors of land (duty to warn of dangerous conditions)
possessors of land standard of care to others on their land
unknown trespasser: no duty
known trespasser: warn of conditions that are artificial OR highly dangerous OR concealed OR known to owner
licensee (soical guests, others on prperty for their own interest): duty to warn of concealed OR known danger
invitees (held open to public, LOSE invitee status if exceed scope of invitation): concealed OR known or could have been discovered by reasonable investigation
trespassing kids for standard of care
avoid risk of harm cuased by foreseeable artificial condtions
- dangerouns condition the owner should know of
- owner knows kids may trespass
- condition will likely injure)
- expense of remedy is slight compared to risk
recreational land user
no laiblity unless owner willful and malicious didn’t fix
statutory standards of care
must show P is in class statute inteneded to prevent harm D caused
affirmative duty to act
rule: no duty to act
exception: D caused peril
- special relationship (parent, shopkeep, innkeep, common carrier)
- undertook action
res ipsa loquitor
a negligent event couldnt of happened without D conduct
-prevents D from a directed verdict
must show
- the above negligence AND
- that neg is probably attributable to the D
causation: when unable to determine who caused harm
then both responsible equally and severably
do P have duty to mitigate in negliegence
yes
is assumption of risk a D to tort
yes for unintentional tort, if
P knew risk
voluntarily assumed
strict liablity
wild animals
abnormally dangerous
-includes harm by fleeing
product laiblity
intent neg implied warrany representation strict laibilt
strict liabilty in tort
commercial vendor
defective
product not substantially altered after D control
foreseeable use
private nuisance
substatntial AND unreasoanble intereferene
substantial: objective meauser
unreasonable: severity of inunry must outweigh utility of D conduct
defamation
statement ids the P published to a third party damage to reputation falsity of language fault of D
publciation req
only needs to be communicated to a third party taht understands it
per se slander
adverse affect on business/profession
serious crime
seriosu sexual misconduct
loathsome disease
defense to defamation
truth conesent privilege -bw spouse during jud hearing
invasion of right to privacy
appropriation of p name
intrusion on p affairs
publication of p in false light
public disclsoure of private facts
misrepresentation
misrep scienter (knew it was false) intent to induce act induced act (casuation) inducement was justified damage to P
