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Constitution Law Bar Prep > torts > Flashcards

torts Flashcards

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1
Q

do torts req specific intent

A

no, just intent to bring about the forbidden consequence (ie unintended victim is still bad)

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2
Q

transferred intent

A

commit different tort against intended victim

commit same tort against unintended victim OR commit different tort against unintended victim

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3
Q

torts for transferred intent

A 
assault
battery
false imprisonment
trespass to land
trespass to chattel
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4
Q

is incapacity a defense to intentional torts

A

no, bc just general intent

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5
Q

battery

A

harmful or offensive touching

contact to the P person

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6
Q

harmful or offensive touching

A

offensive by reasonable person

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7
Q

does a trap count as battery

A

yes, indirect harmful touching

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8
Q

assault

A

act by D causes reasonable (not exaggerated) apprehsneion

of an imminent battery (imminent)

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9
Q

apprehension for assault req…

A

awareness of the D act, specifically the D act, but does not need to know the D id

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10
Q

can words negate apprehension for assault

A

yes

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11
Q

false imprisonment

A

act that confines the P

P is confined to a bounded area

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12
Q

do threats work as false imprisonment

A

yes, direct AND implied

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13
Q

is time of confinement relevant for false imprisonment

A

NO

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14
Q

what is a bounded area

A

are with no reasonable means of escape KNOWN to the P (if area was escape but was hidden from P, then still FI)

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15
Q

intentional infliction of emotional distress

A

extreme and outrageuous conduct by D that causes

severe emotional distress to P

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16
Q

types of extreme and outrageous conduct for IIED

A

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

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17
Q

intentionallity needed for IIED

A

recklessness

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18
Q

trespass to land

A

physical invasion

of P real property

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19
Q

physical invasion

A

tangible object

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20
Q

real property for trespass

A

reasonable distance of airspace and underground

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21
Q

trespasss to chattel

A

act by D
interferes w P right of possession in a chattel

interference: damage or dispossession
intent: to interfere, not trespass

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22
Q

conversion

A

act by D that interferes with P right of possession of chattel
serious enough to warrant full repayment

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23
Q

acts of conversion

A

theft, wrongful transfer, wrongful detention, severely messing with chattel

24
Q

trespass to chattel vs conversion

A

less serious vs more serious

25
Q

defense to intentional tort: consent

A

valid consent?

D stay within bounds of consent?

26
Q

what undoes consent

A

mistake if known by D
fraud to obtain consent
duress to obtain consent

27
Q

implied consent

A

reasonable person
custom and usage
OR P conduct

think sports, normal contact, incidental contact

28
Q

self defense

A

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

29
Q

mistake allowed for self defense

A

yes, as to the existence of danger

30
Q

defense of others

A

when reasonably believe other person could have used force themselves

mistake permitted

31
Q

defense of property

A

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

32
Q

shoplifting detention

A

reasonable belief of theft
reasonable manner of detention (nondeadly force)
reasonable period of time

33
Q

recapture of chattel

A

(anyone) can use reasoanble force to recapture chattel if wronfully taken and in hot pursuit of taker

34
Q

duty

A

who do I owe a duty

what is the standard of care

35
Q

duty of care owed to….

A

foreseeable P

36
Q

rescuers (except firefighter and police)

A

foreseeable P IF D NEGLIGENTLY put themselves or another in peril

37
Q

standard of care

A

reasonably prudent person

d mental deficiencies not taken into account, but superior knowledge is

it is the floor

38
Q

special standard of care

A

kids (like age, intelligence, experience)
professional (average member of pro)
possessors of land (duty to warn of dangerous conditions)

39
Q

possessors of land standard of care to others on their land

A

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

40
Q

trespassing kids for standard of care

A

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
41
Q

recreational land user

A

no laiblity unless owner willful and malicious didn’t fix

42
Q

statutory standards of care

A 
must show
P is in class 
statute inteneded to prevent harm D caused
43
Q

affirmative duty to act

A

rule: no duty to act

exception: D caused peril
- special relationship (parent, shopkeep, innkeep, common carrier)
- undertook action

44
Q

res ipsa loquitor

A

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
45
Q

causation: when unable to determine who caused harm

A

then both responsible equally and severably

46
Q

do P have duty to mitigate in negliegence

A

yes

47
Q

is assumption of risk a D to tort

A

yes for unintentional tort, if
P knew risk
voluntarily assumed

48
Q

strict liablity

A

wild animals
abnormally dangerous
-includes harm by fleeing

49
Q

product laiblity

A 
intent
neg
implied warrany
representation
strict laibilt
50
Q

strict liabilty in tort

A

commercial vendor
defective
product not substantially altered after D control
foreseeable use

51
Q

private nuisance

A

substatntial AND unreasoanble intereferene

substantial: objective meauser
unreasonable: severity of inunry must outweigh utility of D conduct

52
Q

defamation

A 
statement ids the P
published to a third party
damage to reputation
falsity of language
fault of D
53
Q

publciation req

A

only needs to be communicated to a third party taht understands it

54
Q

per se slander

A

adverse affect on business/profession
serious crime
seriosu sexual misconduct
loathsome disease

55
Q

defense to defamation

A 
truth
conesent
privilege
-bw spouse
during jud hearing
56
Q

invasion of right to privacy

A

appropriation of p name
intrusion on p affairs
publication of p in false light
public disclsoure of private facts

57
Q

misrepresentation

A 
misrep
scienter (knew it was false)
intent to induce act
induced act (casuation)
inducement was justified 
damage to P

Constitution Law Bar Prep (16 decks)

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